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Is Your Process Patent Being Circumvented? Housey Forces Another Look at Section 271 Protections for Information-Producing Patented Processes
Patents containing process claims, especially those where the result of the process is information, such as some research method, business method or software, Internet or telephone-based process patents, may be among the most valuable elements of a portfolio. If used defensively, such patents may provide a competitive advantage to the owner or prevent competitors from entering into a key line of business. If used offensively, these patents offer licensing opportunities on transactions that may occur millions of times per year. Potential licensees that wish to practice the patented processes described above, however, may choose a course other than licensing – practicing the process abroad and sending the resulting information back into the United States. The recent case of Bayer AG v. Housey Pharmaceuticals, Inc., No. 02-1598, slip op. (Fed. Cir. Aug. 22, 2003), construing 35 U.S.C. '271(g), may make it more difficult to enforce these process patents with respect to such outsourcing and importing activities.
Housey's 'Physical' Limitation
In Housey, the Federal Circuit held that '271(g), which imposes infringement liability for certain products imported into the United States that are made abroad by processes patented in the United States, is “limited to physical goods that were manufactured and does not include information generated by a patented process. …” This development is the latest step in the evolution of 35 U.S.C. '271, the section of the Patent Act that identifies who is a patent infringer. Since the inception of '271, parties have identified and exploited gaps in this provision, weakening the protection of patent owners. In response, Congress passed laws, such as the Patent Law Amendments Act of 1984 and the Process Patent Amendments Act (PPAA) of 1988, which added '271(f) and '271(g), respectively, to close these loopholes. After Housey, however, legislative action may again be necessary ' this time to protect information-based process patent claims.
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.