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Same terms, same meanings, unless specification indicates otherwise

In an appeal by Porta Stor, Inc. of a judgment in favor of PODS, Inc. for, among other things, patent and copyright infringement, the Federal Circuit reversed the judgment of patent infringement finding no literal infringement and finding that infringement under the doctrine of equivalents was barred by prosecution history estoppel. The court also reversed […]

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Compulsory patent licenses for AIDS drugs: the beginning of an international trend?

The global concern over the spread of AIDS, particularly in developing countries, is prompting some countries to take action to make patented drugs more accessible to its citizens. Earlier this year, Thailand decided to "break," or require a compulsory license to, the patent for Efavirenz, marketed as Sustiva® and Stocrin®, patented by Merck (Orange Book […]

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Patent Reform Act of 2007

As noted yesterday, four members of Congress (Leahy and Hatch in the Senate, Berman and Smith in the House) announced introduction of new patent reform legislation yesterday. Also as predicted yesterday, it is similar in many respects to patent reform legislation introduced in 2005 and 2006, but with a few new twists. More details of […]

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Congress to introduce patent reform bills today

In a press conference scheduled for 2:30 2:15 pm EDT this afternoon, Senators Patrick Leahy (D-VT) and Orrin Hatch (R-UT), with Representatives Howard Berman (D-CA) and Lamar Smith (R-TX), are expected to announce introduction of identical bills in both the House and Senate in an effort to reform the patent system. [Update (4/19): see this […]

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Supreme Court asks for Government’s view on yet another patent case

In its order list released today, the Supreme Court has indicated that it may accept yet another appeal in a patent-related case, as it has invited the Office of the Solicitor General to file a brief stating the position of the United States on the case. The case is Quanta Computer, Inc. v. LG Electronics, […]

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Willful infringement affirmed; injunction vacated in light of eBay

The Federal Circuit affirmed a finding of willful infringement against a medical device manufacturer, but vacated a permanent injunction entered based on the old injunction standard to be reevaluated by the district court in light of the Supreme Court’s decision in eBay v. MercExchange. The infringer obtained opinions of counsel regarding infringement at two different […]

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Splenda leaves a bitter taste in competitors’ mouths

The business may be all about sweetness, but the competition can be bitter. That's the story right now in the artificial sweetener business, with much of the action centered around sucralose, the sweetener in Splenda®. The sweetener is the subject of several currently pending cases. In the first, rival sweetener maker Merisant, maker of Equal® […]

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Outdoor outfitters at odds over outerwear, order overturned

Competing sporting goods retailers Bass Pro Shops and Cabela's faced off in the Federal Circuit. The parties were involved in an earlier patent infringement suit where Bass Pro Shops sued Cabela's for infringing its patent relating to a vest with a "pivotable seat member." The parties settled that suit, and the court entered an order […]

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Reebok files patent infringement against Nike over collapsible shoes

Earlier this week, #2 shoe manufacturer Reebok sued #1 shoe manufacturer Nike for patent infringement. The patent at issue, number 7,168,190, just issued in the end of January, and relates to collapsable shoe technology. The idea is that the shoe design allows it to be rolled or folded for easier packing into, for example a […]

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Certificate of correction invalid, infringement case continues with original claims

The Federal Circuit yesterday voided a certificate of correction which had been issued changing the scope of a patent's claims. Because the error corrected broadened the claims and was not the type of error that was "immediately apparent and leave no doubt as to what the mistake is," the certificate of correction was inappropriate. As […]

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