Posts Tagged: prosecution history estoppel


Federal Circuit Reiterates High Standard for Prosecution History Disclaimer

In a January 29, 2016 decision, the Federal Circuit vacated a jury judgment of non-infringement and ordered the District of Delaware to conduct a new trial where construction of …

Track One By the Numbers. What are you Waiting for?

The USPTO has returned to the historical philosophy that patent examiners should work cooperatively with patent applicants to identify allowable subject matter and issue patents on what …
By Gene Quinn
8 years ago 10

CAFC: Intervening Rights for Claims Unamended During Reexam*

I like writing about esoteric patent law topics and the question of “intervening rights” in reexaminations/reissues is one of the more esoteric. See my 1998 JPTOS article …
By Eric Guttag
9 years ago 0

Federal Circuit Again Rules Equivalent Foreseeable in Duramed

In Duramed, the invention claimed in U.S. Pat. No. 5,908,638 (the “’638 patent”) involved a conjugated estrogen pharmaceutical compositions for use in hormone replacement therapies. The critical aspect …
By Eric Guttag
9 years ago 3

PTO Lays Out Ambitions 2011 Agenda at IPO Conference

At lunch Director Kappos explained that the goal for fiscal year 2010, which ended on September 30, 2010, was to get the backlog down to 699,000 --- dubbed "project 699." The Office …
By Gene Quinn
10 years ago 2