Section » Patent Prosecution
ARZERRA better way to respond?
Prosecution history estoppel in light of Biogen v. GlaxoSmithKline On April 16, 2013, the Federal Circuit affirmed a grant of summary judgment to GlaxoSmithKline (GSK) in a dispute with Biogen Idec over GSK’s Arzerra® treatment for chronic lymphocytic leukemia (CLL). The case’s holding, regarding prosecution history estoppel,
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Fed. Cir. Rejects Design Patent Application
On March 26, 2013, the Federal Circuit denied the attempts of a mouthwash bottle designer to claim only certain portions of a Crest mouthwash bottle in a continuation application, thus affirming the PTO’s rejection of the application. In re Owens, No. 2012-1261 (Fed. Cir. March 26, 2013). At
Antarctica Patent Office Celebrates Opening
Delegates met today on Ross Island, Antarctica, to officially celebrate the opening of the Antarctica Patent Office. Facing ever increasing fees and ever growing backlogs at the USPTO, applicants are turning to the Antarctica Patent Office in greater and greater numbers. The fees are low, the backlog
Harness Dickey Stronger with Additional USPTO Location
The United States Patent and Trademark Office (USPTO) recently announced that it intends to place six administrative patent judges with the Board of Patent Appeals and Interferences, at its Detroit, Michigan branch. This will be in addition to hiring many new patent examiners for the new USPTO location. The
USPTO Issues Nearly A Quarter Million Patents in 2011
The USPTO issued a total of 247741 patents in 2011, more than any previous year. Of these, 224519 were utility patents. It is interesting to note that of these utility patents, 1693 were also filed in 2011, indicating that at least a small fraction (0.75%) of patents issue very expeditiously. Half
USPTO Issues 21356 Design Patents in 2011
The USPTO issued 21256 design patents in 2011, which is down slightly from 2010 (22799) continuing the downward trend since 2008 when issuances peaked at 25,565. The vast majority of design patents issue without a year of filing, although in 2011, two design patents: D635989 and D637616, both filed
Incorporation by reference does not expand claim scope
In those heady days of yesteryear, when the patent filing fee was $35 and prior art was printed on crumbling paper, patent attorneys relished the word “means.” They drank coffee from a “cup means,” wrote letters with a “pen means,” and played golf with “club means.” Somehow the word “means”
Providing Support for Generous Construction of a Claimed Range
Lexion Medical, LLC v. Northgate Technologies, Inc., 2009-1494 (Fed. Cir. Apr. 22, 2011). Writing for the court, Chief Judge Rader handed patent prosecutors a checklist for getting the most out of a numerical range. First, “[t]his court prefers a claim interpretation that harmonizes the various elements
The Sin of Synonyms
As we wait for the Federal Circuit’s en banc pronouncement on inequitable conduct in Therasense, Inc. v. Becton, Dickinson, the claim construction aspect of that case illustrates a greater difficulty in patent infringement cases than divining the fraudulent intent of applicants and their attorneys.
USPTO Announces Implementation of Track One
The US Patent and Trademark Office announced yesterday that on May 4, 2011 it will implement Track One, prioritized examination, of the new three-track examination system. There will be an added fee of $4000 for requesting Track One examination on top of the regular filing fees. (As yet, there is