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Category: Public use


Patents Concerning Coronavirus Treatments
March 26, 2020
Post by Gregory Lars Gunnerson
28 U.S.C 1498 allows the government to use or authorize others to use any invention “described in and covered by a patent of the United States.” If such authorization is granted, patent owners can sue the United States, but only for reasonable compensation. Patent owners are not able to seek injunctions against private entities working for the United States government. In 2009, the United States Departme.......
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Court of Appeals Gets Specific with Enablement
July 11, 2017
Post by Blog Staff
In Storer v. Clark, the Court of Appeals explored whether a provisional application had sufficiently enabled interference subject matter.  In order to prove enablement it must be shown that “one skilled in the art, having read the specification, could practice the invention without ‘undue experimentation.’” ALZA Corp. v. Andrx Pharm., LLC, 603 F.3d 935, 940 (Fed. Cir. 2010). Undue experimentation is.......
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Public use can't be experimental if not for purposes of the patent application
April 02, 2009
Post by Blog Staff
In a decision last week, the Federal Circuit affirmed a district court's grant of summary judgment of invalidity of a patent and summary judgment to the defendant on the Plaintiff's false advertising claims. The defendant asserted the patent was invalid as obvious and by virtue of a prior public use. The district court held a genuine issue of fact existed regarding whether the public use was experimental,.......
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Clinical trials necessary to determine invention works for intended purpose
August 27, 2008
Post by Blog Staff
In a recent decision, the Federal Circuit affirmed a district court's ruling in favor of AstraZeneca, holding that the generic drug manufacturers Apotex and Impax Laboratories infringed patents for the popular heartburn medication Prilosec® (generic form omeprazole) in filing abbreviated new drug applications (ANDAs). The Federal Circuit previously addressed these patents in the context of other defe.......
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License under method patent not limited to use with licensor's products absent express limitation
April 18, 2008
Post by Blog Staff
In a decision Wednesday, the Federal Circuit affirmed-in-part, vacated-in-part, and reversed-in-part a district court's decision regarding two patents. The district court held the broadest claims of both patents invalid and not infringed, and dismissed claims of inequitable conduct relating to the patents.The Federal Circuit affirmed with respect to one patent, but vacated and reversed with respect to the ot.......
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No damages for convoyed sales when no functional relationship between patented and unpatented goods
January 29, 2008
Post by Blog Staff
In a decision today, the Federal Circuit affirmed a district court's decision setting aside the portion of a jury verdict awarding convoyed sales to a patentee, and sustaining the portion of the verdict finding the alleged infringer had not shown invalidity via public use. There was no evidence of a functional relationship between the patented and unpatented goods, instead the two were sold together as a mat.......
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Declaratory judgment jurisdiction exists, sufficient corroboration of prior public use to invalidate
September 24, 2007
Post by Blog Staff
In a decision last week, the Federal Circuit upheld a district court's decision that a case or controversy existed providing subject matter jurisdiction and that the patent was invalid under 35 U.S.C. § 102(b) based on a public use more than a year before the patent's priority date. A licensee's decision to stop royalty payments combined with a threat to pursue legal action in response created .......
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Federal Circuit finds disclosure not public use because invention not actually "used"
May 29, 2007
Post by Blog Staff
In a decision today, the Federal Circuit reversed a district court's finding of invalidity of two patents based on the public use bar of 35 U.S.C. § 102(b). A product capable of embodying the claimed inventions was disclosed to several individuals, including potential investors, before the critical date of the patents. The court nevertheless found no public use because the product, an ergonomic keyboar.......
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Federal Circuit addresses claim construction, on-sale and public use bars, and DJ jurisdiction
May 26, 2007
Post by Blog Staff
In a decision Friday, the Federal Circuit vacated in part a district court's claim construction of a several terms as well as its decision to find no infringement of patents owned by Honeywell. The court did, however, affirm the district court's retention of jurisdiction over the several withdrawn claims and the decision that Honeywell's pre-critical date activities were not barring sales or public u.......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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