Quality and Reputation Fuel Diesel Heater Dominance By Brian D. Keppler, Ph.D. Diesel heaters, known for their efficiency and reliability, have long been an integral component in a variety of applications ranging from motor vehicles to campers to boats, and even to static installations like cabins and workshops. These heaters utilize diesel fuel to produce heat, making them an ideal choice in environments where electricity might not […] Continue Reading →
Important to keep claim construction in mind when drafting a patent application By Joseph M. Hallman Claim construction, or how claim terms of a patent are understood, interpreted, and construed, is often a major factor in the outcome of a patent infringement lawsuit. Claim construction also can often be a highly contentious point of disagreement amongst parties in an infringement suit. The meaning of claim terms can often dictate the scope […] Continue Reading →
Apple’s Major Products Do Not Infringe Patents By Joseph M. Hallman On August 14, 2023, in One-E-Way, Inc. v. Apple Inc., the Court of Appeals for the Federal Circuit (“Federal Circuit”), in a nonprecedential opinion, affirmed a decision by the Central District of California holding that several popular products sold by tech giant Apple do not infringe U.S. Patent Nos. 10,129,627 (“the ‘627 patent”) or 10,468,047 […] Continue Reading →
Gilead Defeats Federal Government Lawsuit Alleging Patent Infringement for HIV Prevention Drugs By Julie L. Spieker On Tuesday, May 9, 2023, a jury found that Gilead did not infringe on three patents held by the federal government, and furthermore, that the patents at issue are invalid. The government was seeking more than $1 billion in damages related to the sale of Truvada and Descovy for an HIV prevention regimen call pre-exposure […] Continue Reading →
Federal Circuit Confirms “Known-Technique” Rationale as an Indicator of a Motivation to Combine By Joseph M. Hallman In KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 419 (2007) (“KSR”) the U.S. Supreme Court criticized rigid application of the so-called “teaching, suggestion, or motivation” test (“the TSM test”) which, prior to KSR, had often been applied by courts when determining obviousness of patent claims. Under the TSM test, “a patent claim is […] Continue Reading →
Patent Owners Beware of Prior Adjudication Involving Related Patents By Joseph M. Hallman When patent claims are construed and interpreted in an adjudicative proceeding, such as patent infringement litigation in federal court or in an adjudicative proceeding before the Patent Trial and Appeal Board (“PTAB”), a preclusive effect can arise which can affect the validity of claims of related patents. For example, on December 8, 2022, in Google […] Continue Reading →
Congressional Bill on Patent Eligibility Receives Judicial Support By Kirk M. Hartung Proposed legislation to fix the patent eligibility mess has been endorsed by two retired judges from the Federal Circuit Court of Appeals, former chief judge Paul Michel and former judge Kathleen O’Malley. The bipartisan legislation, introduced in August and entitled The Patent Eligibility Restoration Act, is co-sponsored by Senator Thom Tillis (R – N.C.) and […] Continue Reading →
US Supreme Court Agrees to Review Patent Enablement Case By Julie L. Spieker Last Friday, the Supreme Court accepted Amgen’s request to review Section 112 of the Patent Act and consider how much a patent specification must disclose to meet enablement requirements. Specifically, the Court will review whether a patent must disclose enough information for the skilled artisan to “reach the full scope” of the claims, or whether […] Continue Reading →
Federal Circuit clarifies rules regarding patent term adjustment By Joseph M. Hallman Last month, in Sawstop Holding LLC v. Vidal, the Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed two decisions by the District Court of the Eastern District of Virginia regarding patent term adjustment (“PTA”) for two patents owned by Sawstop Holding LLC (“Sawstop”). In both decisions the District Court granted summary judgement in […] Continue Reading →
Genetically Modified Purple Tomatoes By Brian D. Keppler, Ph.D. Purple tomatoes developed by Norfolk Plant Sciences in the UK may be coming to grocery stores in the not too distant future. Last month, USDA APHIS announced that, from a plant pest risk perspective, the purple tomato may be safely grown and used in breeding in the US. The purple color of the tomato is […] Continue Reading →