June 2007 (Part II) – Click for full issue

• Obviousness still requires evidence of a motivation to combine or modify (CAFC)
• “Black box” disclosure of “generally known” structure not sufficient for § 112, ¶ 6 (CAFC)
• Petition to Make Special showed claim scope broader than single disclosed embodiment (CAFC)
• Attorney argument characterizing reference not inequitable conduct (CAFC)
• Pressure to redesign product created case or controversy for declaratory judgment claim (WDPa)
• Permanent injunction granted to non-manufacturing patentee (ED Tex)
• Judgment against patentee ordered as a sanction for concealing test data (ED Tex)
• Infringing “offer for sale” limited to sales intended to be made in the U.S. (ND Cal)
• “Unintentional” revival standard does not apply to abandoned PCT application (ND Cal)
• Conclusory pleading of invalidity insufficient for declaratory judgment counterclaim, but sufficient for affirmative defense (SD Ala)

June 2007 (Part I) – Click here for the full issue

• Non-patent Supreme Court case may impact willful infringement
• Federal Circuit’s en banc oral argument on willful infringement and waiver
• District court cases applying KSR
• Contempt order for violating preliminary injunction not immediately appealable
• False patent marking claim dismissed
• Intimidating expert witness leads to adverse inference sanction
• Twists on stays pending reexamination
• PTO begins pilot program of public submission of peer reviewed prior art