Patent Prosecution Update
November 2013
Inequitable Conduct Post-Therasense: Two Important Recent Rulings
Inequitable conduct is a highly potent defense to patent infringement in the United States. As the Court of Appeals for the Federal Circuit has pointed out, the defense has the effect of an “atomic bomb” and can “endanger a substantial portion of a company’s patent portfolio.” Therasense, Inc. v. Becton, Dickinson & Co., 649 F.3d 1276, 1288-89 (Fed. Cir. 2011). More
Claim Drafting Exhaustion: Potential Implications of Claim Format
In the landmark case Quanta Computer, Inc. v. LG Electronics, Inc., 553 U.S. 617 (2008), the Supreme Court considered whether and to what extent the authorized sale of an unpatented component may exhaust patent rights covering a method performed by the component when integrated into a product. The Court held that exhaustion may arise where the component includes all inventive aspects of the patented method and has no reasonable noninfringing use. Id. at 638. More
Inequitable Conduct Post-Therasense: Two Important Recent Rulings
Inequitable conduct is a highly potent defense to patent infringement in the United States. As the Court of Appeals for the Federal Circuit has pointed out, the defense has the effect of an “atomic bomb” and can “endanger a substantial portion of a company’s patent portfolio.” Therasense, Inc. v. Becton, Dickinson & Co., 649 F.3d 1276, 1288-89 (Fed. Cir. 2011). More
Claim Drafting Exhaustion: Potential Implications of Claim Format
In the landmark case Quanta Computer, Inc. v. LG Electronics, Inc., 553 U.S. 617 (2008), the Supreme Court considered whether and to what extent the authorized sale of an unpatented component may exhaust patent rights covering a method performed by the component when integrated into a product. The Court held that exhaustion may arise where the component includes all inventive aspects of the patented method and has no reasonable noninfringing use. Id. at 638. More
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Eric P. Raciti, Editor-in-Chief
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Eric P. Raciti, Editor-in-Chief
Rebecca Harker Duttry, Associate Editor
Elizabeth A. Doherty, Ph.D., Associate Editor
J. Derek McCorquindale, Associate Editor
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