IP News
January 30, 2009
Highlights of the latest intellectual property news from around the country.
In re Swanson: Reaffirming a Substantially Old Question
January 30, 2009
<b>In re Swanson</b> will likely have the effect of encouraging even more third-party ex parte re-examination requests, while only discouraging an applicant's incentive to perform a patent search to provide the best art to the PTO.
Gripe Sites: Sue or Stew
January 30, 2009
Gripe sites are Web sites whose purpose is to complain, criticize, and revile businesses or other institutions. So, what to do.
IP News
December 23, 2008
Highlights of the latest intellectual property news from around the country.
Attacking the Customer: Coercing Patent Infringers While Avoiding Exposure to DJ Actions
December 23, 2008
To avoid declaratory judgment actions, patent holders may opt to sue or threaten the purchasers of an allegedly infringing product, without threatening suit against the manufacturer. In effect, the patent holder coerces the manufacturing company to give up the right to manufacture or distribute the accused product by scaring off its customers. At what point does this activity create grounds for a declaratory judgment action by the manufacturer?
The Federal Circuit Attempts to Right the Inequitable Conduct Ship
December 22, 2008
The U.S. Court of Appeals for the Federal Circuit has long maintained a high bar for proving inequitable conduct. This high bar is appropriate given the severity of the remedy — unenforceability of the entire patent — and the relative ease of using hindsight to find fault with the prosecution of a patent. Several recent decisions, however, have pointed toward a sinking standard for proving inequitable conduct, which has created an atmosphere of uncertainty about the proper scope of the inequitable conduct defense. The Federal Circuit's recent opinion on the subject, <i>Star Scientific, Inc. v. R.J. Reynolds Tobacco Co.,</i> appears to be an attempt to right the ship by reiterating the standards for proving inequitable conduct that were established more than 20 years ago.
IP News
November 21, 2008
Highlights of the latest intellectual property news from around the country.
Prasco v. Medicis: CAFC Draws a Line in the Sand
November 21, 2008
In <i>Prasco, LLC v. Medicis Pharm. Corp.</i>, the Federal Circuit declined to allow a declaratory judgment action on unasserted patents and provided some useful guidance in understanding what factual circumstances would be insufficient to establish a justiciable controversy.
