An Initial Comment on Ariad: Written Description and the Baseline of Patent...
Following on the heels of the Federal Circuit en banc opinion in Ariad Pharmaceuticals, Inc. v. Eli Lilly & Co., Professor Kevin Collins asks "What next?"The nine-judge majority reaffirms that the...
View ArticleDonald Chisum: Ariad (2010) and the Overlooked Invention Priority Principle
In a new essay for the Patently-O Patent Law Journal, Donald Chisum considers the "invention priority principle" and its role in the written description analysis. There may be a solution: application...
View ArticlePeter Menell: Authority of the International Trade Commission
We have published a new Patently-O Patent L.J. essay by Berkeley Law School professor Peter Menell that discusses the Section 337 authority of the International Trade Commission (ITC).The ITC now...
View ArticleKristen Osenga: Patent Office Fast Track
Professor Kristen Osenga (Richmond) has written a new essay for the Patently-O Patent Law Journal entitled The Patent Office's Fast Track Will Not Take Us in the Right Direction, 2010 Patently-O Patent...
View ArticleRobert Matthews: When Multiple Plaintiffs/Relators Sue for the Same Act of...
Robert Matthews discusses the law controlling false-marking suits when multiple plaintiffs sue for the same act of false marking. Matthews extrapolates the case-law to make two primary points: (1) a...
View ArticleKevin Collins: An Initial Comment on King Pharmaceuticals: The Printed Matter...
On August 2, 2010, the Federal Circuit affirmed the district court’s summary judgment of patent invalidity in King Pharmaceuticals, Inc. v. Eon Labs, Inc. King Pharmaceuticals is most notable for its...
View ArticleLevi & Sweetland: The Federal Trade Commission’s (FTC) Recommendations to the...
In March 2011, the FTC issued a Report entitled “The Evolving IP Marketplace: Aligning Patent Notice and Remedies with Competition” (Report). In it, the FTC recommends that the ITC adopt the view that...
View ArticleBernard Chao: Not So Confidential: A Call for Restraint in Sealing Court Records
University of Denver law professor Bernard Chao argues here that courts should do more to ensure open access to patent litigation documents. The Court of Appeals for the Federal Circuit already...
View ArticleSarnoff: Derivation and Prior Art Problems with the New Patent Act
In a new Patently-O Patent Law Journal essay, Professor Joshua Sarnoff (DePaul) highlights a set of important problems in the Leahy-Smith America Invents Act. The essay, titled Derivation and Prior Art...
View ArticleMorgan: Ambiguities in Defining Prior Art under the Leahy-Smith America...
In our newest Patently-O Patent Law Journal article, former Xerox patent counsel Paul Morgan highlights two important ambiguities in the new 35 U.S.C. § 102(a)(1) as defined by the Leahy-Smith America...
View ArticleStoll: Maintaining Post-Grant Review Estoppel in the America Invents Act: A...
In our newest Patently-O Patent Law Journal article, former Commissioner of Patents Robert Stoll considers and rejects the call for legislative reforms that would weaken the estoppel associated with...
View ArticleDonald Chisum: Ariad (2010) and the Overlooked Invention Priority Principle
In a new essay for the Patently-O Patent Law Journal, Donald Chisum considers the "invention priority principle" and its role in the written description analysis. There may be a solution: application...
View ArticlePeter Menell: Authority of the International Trade Commission
We have published a new Patently-O Patent L.J. essay by Berkeley Law School professor Peter Menell that discusses the Section 337 authority of the International Trade Commission (ITC). The ITC now...
View ArticleKristen Osenga: Patent Office Fast Track
Professor Kristen Osenga (Richmond) has written a new essay for the Patently-O Patent Law Journal entitled The Patent Office's Fast Track Will Not Take Us in the Right Direction, 2010 Patently-O...
View ArticleRobert Matthews: When Multiple Plaintiffs/Relators Sue for the Same Act of...
Robert Matthews discusses the law controlling false-marking suits when multiple plaintiffs sue for the same act of false marking. Matthews extrapolates the case-law to make two primary points: (1) a...
View ArticleKevin Collins: An Initial Comment on King Pharmaceuticals: The Printed Matter...
On August 2, 2010, the Federal Circuit affirmed the district court’s summary judgment of patent invalidity in King Pharmaceuticals, Inc. v. Eon Labs, Inc. King Pharmaceuticals is most notable for its...
View ArticleLevi & Sweetland: The Federal Trade Commission’s (FTC) Recommendations to the...
In March 2011, the FTC issued a Report entitled “The Evolving IP Marketplace: Aligning Patent Notice and Remedies with Competition” (Report). In it, the FTC recommends that the ITC adopt the view that...
View ArticleBernard Chao: Not So Confidential: A Call for Restraint in Sealing Court Records
University of Denver law professor Bernard Chao argues here that courts should do more to ensure open access to patent litigation documents. The Court of Appeals for the Federal Circuit already...
View ArticleSarnoff: Derivation and Prior Art Problems with the New Patent Act
In a new Patently-O Patent Law Journal essay, Professor Joshua Sarnoff (DePaul) highlights a set of important problems in the Leahy-Smith America Invents Act. The essay, titled Derivation and Prior Art...
View ArticleMorgan: Ambiguities in Defining Prior Art under the Leahy-Smith America...
In our newest Patently-O Patent Law Journal article, former Xerox patent counsel Paul Morgan highlights two important ambiguities in the new 35 U.S.C. § 102(a)(1) as defined by the Leahy-Smith America...
View Article