Last Week In The Federal Circuit (May 15 – May 19): Joint Inventorship and Insignificant Contributions
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- This week’s bacon-related case of the week may lack a certain recognizable savory smell, but it still manages to pack some helpful insights on the law of joint inventorship. Case of the (recent) week: HIP, Inc. v. Hormel Foods Corporation , No. 22-1696 Panel:... ›
Last Week In The Federal Circuit (April 17 – April 21): Inherent Limits And Patent Enablement
By: Seth W. LloydWe’re still waiting for the Supreme Court to issue its decision in Amgen v. Sanofi. But in the meantime, the Federal Circuit continues to provide insights into 35 U.S.C. § 112’s requirement to “enable” persons of skill in the art to “make and use” a... ›
Last Week In The Federal Circuit (April 10 – April 14): IPR Statutory Estoppel, In Two Acts
By: Seth W. LloydIf the scope of the IPR estoppel statute has been keeping you up at night, our latest case of the (recent) week might help you sleep a little better because it provides clarity on two aspects of the statute’s reach. Case of the (recent)... ›
Last Week In The Federal Circuit (March 27 – March 31): Consulting The Federal Circuit On Statutory Interpretation
By: Samuel Benjamin GoldsteinWhile last week may have been spring break for many of our readers, the Federal Circuit didn’t take the week off. It still issued several interesting decisions, including our case of the week this week—which discusses the relationship between the International Trade Commission and other... ›
Last Week In The Federal Circuit (March 13 – March 17): A reminder that motivation doesn’t need to be found in the prior art references themselves
By: Brian R. MatsuiThe Court had a busy week as the weather begins to turn, and those with school-aged kids begin to plan for spring break. This week we look at the Court’s latest reminder that obviousness is a flexible analysis, so below we provide our usual weekly... ›
Last Week In The Federal Circuit (February 13 – 17): Shining Light On Competing Patent And State Law Claims
By: Seth W. LloydIf you’re like me, hanging holiday lights generally sucks any kind of holiday spirit right out of you. This week’s case of the week involves technology that might help. And it resolves (at least at the preliminary injunction stage) competing state tort and federal patent law... ›
Last Week In The Federal Circuit (January 23 – January 27): Furnishing Statutory Meaning
By: Samuel Benjamin GoldsteinThe Supreme Court recently issued its first decision of the Term in Arellano v. McDonough , affirming the Federal Circuit and holding that a statutory provision governing the effective date of a veterans’ benefits application is not subject to equitable tolling. (We wrote about the... ›
Last Week In The Federal Circuit (January 17 – January 20): “Larger Than” Or “Large Enough”?
By: Seth W. LloydIf you think claim construction is more fun than watching paint peel, then you’re probably a patent lawyer. And what’s more fun than claim construction? Claim construction with an indefiniteness challenge, as happened in this week’s case of the week. Case of the (recent) week: Grace... ›
Last Week In The Federal Circuit (January 3 – January 6): Corroboration Station
By: Samuel Benjamin GoldsteinA new year means new Federal Circuit decisions to analyze. Our case of the week recounts an interesting saga of companies copying each other’s patent applications to provoke an interference. And if that’s not enough to grab your attention, the case provides some insight into the... ›
Last Week In The Federal Circuit (November 14-18): No Disclaimer For You!
By: Seth W. LloydSome of you may remember the Federal Circuit’s decision from a few (actually 5!) years ago holding that patent owner statements made in an IPR proceeding may “support a finding of prosecution disclaimer during claim construction.” That decision left unresolved an important question—whether disclaimer statements... ›