Vague Claim Construction Rules Lead to Reversals
August 01, 2003
Why can't federal trial judges figure out what patents mean? As it held en banc in <i>Cybor Corp. v. FAS Technologies, Inc.</i>, 138 F3d 1448 (Fed. Cir. 1998), district court rulings on claim construction —interpretations of the meaning of patent claims — are reviewed de novo as questions of law by the U.S. Court of Appeals for the Federal Circuit. A recent study concluded that more than 40% of all claim construction rulings reviewed by the Federal Circuit in 2001 were reversed in whole or part. Andrew T. Zidel, "Patent Claim Construction in the Trial Courts: A Study Showing the Need for Clear Guidance from the Federal Circuit," 33 Seton Hall L. Rev. 711 (2003).
Maximizing Your Patent Prosecution Dollars: A Few Simple Considerations
August 01, 2003
According to the statistics released by the USPTO (available online at <i>www.uspto.gov/web/offices/ac/ido/oeip/taf/reports.htm)</i>, approximately 326,508 utility patent applications were filed in 2001 in the United States and 166,045 utility patents were granted. The cost associated with the preparation and prosecution of patent applications last year was a multi-billion dollar business. In this era of cost controls, it is rare to find a patent prosecution department that is not subject to budgetary constraints. In-house patent counsel, as the gatekeepers for prosecution, need to select and work with outside patent counsel to maximize the return on their patent prosecution investment.
News from the FDA
August 01, 2003
The latest information for use in your practice, including rulings, draft guidances, seminars, and more.
Case Briefing
August 01, 2003
Recent rulings of importance to your practice.
New Regs for Reprocessed Single-Use Devices
August 01, 2003
Single-use medical devices (SUDs) are designed and approved by the FDA to be used once and thrown away. The practice of cleaning and reusing disposable medical devices has resulted from hospitals' continuing search for cost-cutting alternatives. The safety and efficacy of reprocessing SUDs has been the subject of significant - and heated - debate.
Counterfeit Drugs: A New Source of Product Liability?
August 01, 2003
Drug counterfeiting robs pharmaceutical manufacturers of their investment in patents, trademarks, copyrights, and trade dress. It robs pharmacists and consumers of money, for worthless and sometimes dangerous products. It undermines the integrity of and consumer confidence in the American health care industry and in the government's ability to regulate it. More troubling than all these systemic evils, drug counterfeiting has the potential to allow controllable illnesses to ravage patients unchecked, to spread rather than stop disease, and to injure and kill.
Why Web Sites Fail: Part III - Usability
July 01, 2003
While there are as many reasons for failure as there are different kinds of Web sites, this three-part series is based on experiences I have had over the past 5 years as a Web site builder and refers to Web sites that are used for client acquisition, customer relationship management and e-commerce. This third part addresses how people use Web sites and why they often leave before finding what they want.
Private Companies Join the Club
July 01, 2003
According to AMR Research, which recently surveyed 60 Fortune 1,000 companies, it is estimated that the Fortune 1,000 will spend $2.5 billion in 2003 alone in costs associated with Sarbanes-Oxley Act (the Act) compliance. How much more will be spent by smaller public companies and by those in the private-company sector is a mystery, but the total costs - in cash, time, consulting fees, lost opportunities, and human resources - will surely be staggering.
Director Liability on the Table
July 01, 2003
Two recent court decisions could have an impact on the future liability of directors at public and private companies.
Flight to Quality: Why Business Plans Don't Get Funded
July 01, 2003
Your business plan is very often the first impression potential investors get about your venture. But even if you have a great product, team, and customers, it could also be the last impression the investor gets if you make any of these avoidable mistakes.
