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Posts Tagged: inequitable conduct


Drafters need to think both outside and inside the claims. Outside thinking aims to make the court’s task easier by providing claim terms amenable to straightforward, simple claim construction. Preferably, at least, the key terms are expressly defined, …

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When you review file histories as a patent office practice expert it’s an eye-opening experience because sometimes it’s almost inexplicable as to what happened and how it could possibly have happened. And that’s what leads to …

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In partially dissenting, Judge Newman’s beef with per curiam panel opinion on the small entity status issue was in “declin[ing] to correct the district court’s ruling that improper payment of the small entity fee is material …

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At the conclusion of the supplemental examination if the certificate issued indicates that a substantial new question of patentability is raised an ex parte reexamination will be ordered by the USPTO. The resulting ex parte reexamination, which will address …

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In this final installment, Bob Stoll and I discuss the United States Supreme Court. We spend some time talking about the Supreme Court's recent patent eligible subject matter decisions. We also discuss the problem of bad patent applications contributing …

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In view of Therasense, the Patent Office is proposing to revise the materiality standard for the duty to disclose information to the Office in patent applications and reexamination proceedings. It is the belief of the Patent Office that the …

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Today the United States Patent and Trademark Office (USPTO) announced that it is carefully studying the important en banc decision by the U.S. Court of Appeals for the Federal Circuit in the case of Therasense v. Becton, Dickinson …

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Judge Rader wrote: "Left unfettered, the inequitable conduct doctrine has plagued not only the courts but also the entire patent system." Chief Judge Rader would go on to say that materiality is a "but-for" test, and actually breathed real …

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Realistically, I understand full well that it is unlikely that Congress will bother themselves with reform efforts that are sensible, at least at the moment. It is also unlikely that innovators will be adequately represented in any reform efforts …

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Chief Judge Michel graciously agreed to a second interview, which took place on September 24, 2010. In part 1 of this interview sequel, we discussed fee diversion at the USPTO, he gave an insiders view of the Senate confirmation process, discussed the …

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In this edition of News, Notes & Announcements, patent attorneys asked to participate in an inequitable conduct study, BIO seeks session proposals for 2011 Convention, Huffington Post and other popular press starting to report that patent backlog is costing jobs, the …

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I thoroughly enjoyed my time with Godici, and we managed to get into a wide variety of issues that ranged from his early days as a patent examiner, his patent examination philosophy and approach, the role of the USPTO, …

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