May 2009 – Click for full issue

• Foreign manufacturer’s display of accused product at a U.S. trade show supported exercising personal jurisdiction under Rule 4(k)(2) even though product was not offered for sale in the U.S.
• Patent misuse from using a patent to cause another patentee to refuse to license its patent
• Quanta precludes enforcement of a post-sale use condition, such as a single-use restriction
• Claims to artificially reducing a biological activity lacked adequate written description where specification failed to adequately describe how the reduction would be attained
• Obviousness-type double patenting for a method of making a product in view of a prior patent claiming the product assessed based on the methods of making known at the time the method application is filed
• Canceling independent claim and rewriting dependent claim in independent form creates presumption of surrender even though additional limitations had to be added to overcome prior art
• Patentee drug manufacturer did not have a duty to preserve electronic data before receiving its first Paragraph IV certification letter
• USPTO announces pilot patent prosecution highway with German patent office and extends pilot program with Australian patent office

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