ARE Patent Law Alert:
Federal Circuit Clarifies Recapture Rule For Analysis Of Reissue Claims
(May 11, 2012). Earlier this week, the Federal Circuit in In re Youman, No. 2011-1136, 2012 U.S. App. LEXIS 9346 (Fed. Cir. May 8, 2012) clarified the meets and bounds of the recapture rule for broadening reissue patents. Generally, the reissue statute allows a patentee to broaden claims in its original patent if the patentee […]
ARE Patent Law Alert:
Federal Circuit Finds Patents Unenforceable Under Therasense Standard
(May 11, 2012) On April 9, 2012, the Federal Circuit affirmed the U.S. District Court for the District of Delaware’s holding that Aventis Pharma’s patent claims were unenforceable on inequitable conduct grounds under the higher standard for unenforceability set forth in Therasense. See Aventis Pharma S.A. v. Hospira, 2012 U.S. App. LEXIS 7095, at *20 […]
$24 million judgment of wilful infringement affirmed by Federal Circuit
Powell v Home Depot USA, Inc., No 2010-1409, -1416, US Court of Appeals for the Federal Circuit, 2011 US App. LEXIS 22838, 14 November 2011 Abstract The US Federal Circuit affirms a jury verdict that a defendant wilfully infringed a patent on a saw guard, discussing claim construction, damages, enhanced damages, and inequitable conduct. […]
Federal circuit grants mandamus on Delaware transfer motion
In re Link_A_Media Devices Corp., 662 F.3d 1221, US Court of Appeals for the Federal Circuit, 2 December 2011 (per curiam) Abstract The US Federal Circuit has granted a petition for a writ of mandamus directing the US District Court of Delaware to transfer a case to the Northern District of California. The district […]