Insights – DBJG

Continuation Patent Applications at Risk

29 Aug, 23 |

Inventors cannot rely on term extension due to Patent Office delays

IPR Claim Constructions Open Door to New Argument and Evidence in Reply

7 Aug, 23 |

Petitioner permitted to go beyond petition to rebut Patent Owner’s alternate claim construction

Patent Claim to a “Therapeutically Effective” Dose Remains Valid Even If It Might Kill Patients

26 Jul, 23 |

Federal Circuit notes safety and effectiveness of patented medicines are the domain of the FDA not the USPTO

Hormel Saves Its Bacon

3 May, 23 |

Suggestion of another option for preheating bacon, made before the true invention occurred, did not rise to the level of an inventive contribution

If the IPR Doesn’t Kill the Patent, There’s Always District Court

7 Apr, 23 |

Toothless application of IPR estoppel allows losing patent challengers to challenge claims again in district court

APA Does Not Require PTAB to Make Express Credibility Determinations

8 Mar, 23 |

Anti-cancer, anti-viral patent invalidated despite contention its expert was ignored

Looks Like a Public Use

2 Feb, 23 |

Utility patent for plant variety denied due to display at private event

“Enlarged Chamber” Doesn’t Have to be Larger Than Something Else

13 Jan, 23 |

Chamber defined by its function rather than its relative size

Foreign Defendant Can’t Select Forum for Lawsuit

9 Jan, 23 |

Post-suit-consent to jurisdiction does not matter

In-House Counsel Denied Full Participation in Lawsuit

29 Dec, 22 |

Federal Circuit says it can’t review order denying access to source code until the lawsuit it over