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Patent Billy Goat

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New Fed Circuit decision bolsters on-sale bar

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Had Congress meant to change the scope of the on-sale bar or was the language an inconsequential update? The case of Helsinn Healthcare SA v. Teva Pharmaceuticals USA Inc. allowed the Federal Circuit to weigh in on this new language. READ MORE

Laches no longer a defense to patent infringement

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The patent infringement defense of laches was dealt a serious, and likely final, blow by a recent Supreme Court case. READ MORE

Boundaries of America Invents Act review procedures still being defined

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With the America Invents Act (AIA), the Patent and Trademark Office (PTO) was tasked with creating a new administrative process for challenging certain business method patents. READ MORE

Case shows ever-changing nature of patent law

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The America Invents Act (AIA), passed almost five years ago, continues to substantially change patent law in the United States — and questions about the law’s effects are still being litigated. READ MORE

Supreme Court ends Fed Circuit’s lone reign over claim construction (some of the time at least)

Jason Schwent, CIPP/US January 22, 2015
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Just like an older sibling forced to share with a new younger brother or sister, we are all likely familiar with authority stepping in and forcing us to share our previously unchecked power or benefits with others. That’s effectively what happened to the Federal Circuit in a Jan. 20 decision from the U.S. Supreme Court. READ MORE

Post-Alice, has the Fed Circuit suggested another subject matter eligibility test?

Jason Schwent, CIPP/US December 3, 2014
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It is worth noting that the Federal Circuit does appear to want more concrete guidance on the subject of subject matter eligibility. READ MORE