Posts Tagged: specification
CAFC Overturns Preliminary Injunction on Generic Suboxone Film Over Newman Dissent
The Federal Circuit issued a nonprecedential decision in Indivior Inc. v. Dr. Reddy’s Laboratories, S.A., which vacated a preliminary injunction handed out by the District …
Supreme Court Denies Cert in Two-Way Media v. Comcast, Refuses Another 101 Case
The U.S. Supreme Court denied a petition for writ of certiorari in Two-Way Media Ltd. v. Comcast Cable Communications, refusing to hear yet another appeal in …
How to Write a Patent Application
Writing a patent application is not as easy as many think. Indeed, the concept of usefully describing the invention, which on its face seems easy enough to …
Patent Drafting: Trends, Reality and Avoiding Rejections
Join Gene Quinn on Thursday, November 9 at 2:00 PM ET for a free webinar conversation on the trends and reality of 112 disclosure requirements. I will be joined by …
Federal Circuit affirms PTAB invalidation of Uniloc patent which wasn’t invalid in 65 district court cases
The Uniloc patent invalidated by the PTAB in this case is U.S. Patent No. 5490216, titled System for Software Registration and issued in February 1996. It claims a …
Patent Drafting Webinar: Trends and Realities of 112 Disclosure Requirements
Join Gene Quinn on Thursday, November 9 at 2:00 PM ET for a free webinar conversation on the trends and reality of 112 disclosure requirements. Gene will be joined by …
Patent Drafting 101: Going a Mile Wide and Deep with Variations in a Patent Application
You absolutely want to file a patent application with a description that is a mile wide — that part is good — but you also need to also drill …
No evidence of lost sales or price erosion means no irreparable harm and no permanent injunction
Nichia Corporation (“Nichia”) sued Everlight Americas, Inc., Everlight Electronics Co., Ltd. and Zenaro Lighting (collectively, “Everlight”) for infringement of three of Nichia’s patents disclosing packaging designs …
Patent Application Drafting: Using the Specification for more than the ordinary plain meaning
As a general rule the ordinary plain meaning of the term as would be understood by someone of skill in the relevant technology area or science will …
An Examiner’s Tips For Speedier Patent Prosecution
Interactions between patent examiners and patent practitioners are often tense. At worst, these interactions can be an exercise in restraint with both parties thinly veiling their disdain …
Federal Circuit affirms Apple iPhone patent victory over GPNE
GPNE sued Apple for direct infringement of claims in two of GPNE’s patents. The patents at issue relate to a two-way paging system, where the paging …
Specification Focus on one Embodiment Cannot Limit the Invention if Specification Contemplates Other Embodiments
While much of the specification focuses on a scheme involving patient-identifying information, the Court held that a specification’s focus cannot be limited on one particular embodiment …
Patent Drafting: Define terms when drafting patent applications, be your own lexicographer
Being your own lexicographer means is that you who can define your invention using whatever terms you choose, and after attributing pretty much whatever meaning you want …
Federal Circuit: Disparagement of Prior Art in the Specification Can Limit Claim Language
UltimatePointer argued that the district court improperly construed “handheld device” to require direct pointing, because there was no disavowal or lexicography in the specification to exclude indirect …
Patent Claim Interpretation: The Broadest Reasonable Interpretation Standard
The broadest reasonable interpretation standard is frequently referred to simply as BRI within the industry. The Patent Office applies the broadest reasonable interpretation in virtually all circumstances. …
