Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
IP News
Federal Circuit Finds Preamble Not Limiting and Claims Reciting Means-Plus-Function Limitations Without Disclosure of Corresponding Structures Cannot Be Determined Unpatentable as Indefinite in an IPR Proceeding
On May 15, 2020, a Federal Circuit panel consisting of Judges Newman, O'Malley and Taranto issued a split opinion in Cochlear Bone Anchored Solutions AB v. Oticon Medical AB et al., 958 F.3d 1348 (Fed. Cir. 2020). Patent Owner Cochlear appealed, and Petitioner Oticon cross-appealed, from final written decisions issued by the PTAB in two inter partes review (IPR) proceedings concerning the same patent on hearing aids, in which the PTAB found a first set of claims unpatentable and a second set (claims 7-10) not unpatentable. Writing for the majority, Judge Taranto affirmed the PTAB's conclusions as to all claims except claim 10, as to which the majority vacated and remanded.
The majority first addressed whether the sole independent claim's preamble phrase "for rehabilitation of unilateral hearing loss" limits the scope of the claims, and found that it does not. Slip Op. at 9. The majority found that: 1) the preamble phrase is merely a statement of intended use of the claimed hearing aid; 2) it identifies no structure, let alone essential structure, for the hearing aid; 3) the use is not an inventive or patentably distinct aspect of the claimed invention but a conventional use of prior art hearing aids; and 4) the phrase is not necessary to provide antecedent basis for the body of the claims. Id. at 10-11. On these facts, the majority concluded that the PTAB correctly found that the preamble is not limiting. Id. at 9.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.