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Federal Circuit: Analogous art test survives KSR, but obviousness affirmed

In a case decided yesterday, the Federal Circuit affirmed a decision by the BPAI finally rejecting all but one claim of a patent under reexamination as obvious. The patentee admitted that all elements of the claims save one were present in two relevant prior art references and that another reference disclosed the final element, but […]

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Federal Circuit affirms preemption of D.C.’s Prescription Drug Excessive Pricing Act of 2005

In a recent decision, the Federal Circuit affirmed the District Court for the District of Columbia's judgment that the federal patent laws preempted the District of Columbia's Prescription Drug Excessive Pricing Act of 2005. More details of Biotechnology Indus. Org. v. District of Columbia after the jump. The challenged legislation at issue is the Excessive […]

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Federal Circuit provides more detail on FDA research exemption to infringement

The Federal Circuit recently decided a case on remand from the Supreme Court's decision regarding the research exception to patent infringement (35 U.S.C. § 271(e)(1), "The FDA exception"). The Federal Circuit reversed the district court's finding of infringement, holding that the experiments were not infringements because they were reasonably related to research that would be […]

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Invalidity affirmed on double patenting grounds; inequitable conduct finding vacated

In the second of two rulings yesterday, the Federal Circuit found the patent on Toprol-XL® (a drug used to treat hypertension, angina, and congestive heart failure) invalid based on obviousness-type double patenting, affirming summary judgment on the issue. The court vacated and remanded the grant of summary judgment of unenforceability due to inequitable conduct, as […]

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Federal Circuit affirms requirement to amend listing of goods to exclude goods in another class

In the first of two Federal Circuit rulings today, the court affirmed that the USPTO was within its authority when it refused to allow an applicant to rely on the international classification to clarify ambiguities in the listing of goods for a trademark. In affirming the TTAB, the court emphasized the deference due to the […]

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Dismissal and covenant not to sue for past acts divests court of jurisdiction

In a case decided today, the Federal Circuit affirmed a district court's dismissal of a patent infringement defendant's counterclaim for invalidity for lack of subject matter jurisdiction. The patent holder voluntarily dismissed its claims for infringement and agreed not to sue for acts occurring before the dismissal, and there was an insufficiently "immediate" controversy between […]

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Federal Circuit affirms dismissal of opposition proceeding for lack of standing

In another nonprecediential ruling today, the Federal Circuit affirmed the TTAB's dismissal of an opposition filed against registration of the Dykes on Bikes mark. There are two requirements to have standing to file an opposition with the TTAB. The would-be opposer must have "both a real interest in the proceedings and a reasonable basis for […]

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Determination of level of ordinary skill in the art erroneous, leads to finding of obviousness

In a nonprecedential ruling today, the Federal Circuit held that the district court incorrectly determined the level of ordinary skill in the art, and that when the level of skill was determined correctly, the invention was obvious based on a prior art reference that was directed toward those having greater skill than the district court […]

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Verifying what was already suspected to be the case “does not give rise to a patentable invention”

The Federal Circuit yesterday issued a split opinion dealing with contributory infringement and post-KSR obviousness. The case involved two patents regarding hematopoietic stem cells collected from blood in the umbilical cord after the birth of a child. Such cells have shown promise in the treatment of blood-related disorders. The Federal Circuit held that the patents […]

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Federal Circuit affirms findings of patent and copyright noninfringement

In a recent decision the Federal Circuit affirmed a district court's grant of summary judgment of noninfringement on one count of patent infringement and two counts of copyright infringement. The Federal Circuit also upheld the district court's denial of the plaintiff's Rule 60(b) motion seeking vacatur of the summary judgments. More details of Hutchins v. […]

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