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Claim Limitations Patents United States Patent and Trademark Office

MoFo Life Sciences

USPTO Issues Reminder To Examiners On Proper “Means-Plus-Function” Analysis

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On March 18, 2024, the USPTO issued a memorandum to its Examiners reminding them of the resources and proper analysis for interpreting limitations under 35 U.S.C. § 112(f), which are commonly referred to as...more

McDermott Will & Emery

PTO to Patent Examiners: Make Interpretation of Means-Plus-Function Claims Clear in the Record

McDermott Will & Emery on

On March 18, 2024, the US Patent & Trademark Office (PTO) issued a memorandum to patent examiners addressing means-plus-function and step-plus-function claim limitations and how to clearly articulate, in the prosecution...more

Womble Bond Dickinson

USPTO Addresses Ambiguities in Means-Plus-Function, Step-Plus-Function Claims

Womble Bond Dickinson on

United States Patent and Trademark Office (USPTO) officials recently reiterated to all patent examiners that they must provide clear, consistent analysis regarding means-plus-function and step-plus-function limitations. ...more

AEON Law

Patent Poetry: Federal Circuit Finds Semiconductor Claims Unpatentable

AEON Law on

The Federal Circuit has affirmed a decision of the Patent Trial and Appeal Board (PTAB or Board) finding unpatentable certain claims of a patent for making semiconductor devices. The case is Bell Semiconductor LLC v....more

Robins Kaplan LLP

Chiesi Usa, Inc. V. Aurobindo Pharma Usa, Inc. - Cleviprex® (Clevidipine Injectable Emulsions)

Robins Kaplan LLP on

Case Name: Chiesi USA, Inc. v. Aurobindo Pharma USA, Inc., Civ. No. 19-18756, 2022 WL 3703207 (D.N.J. Aug. 16, 2022) (Quraishi, J.)  Drug Product and Patent(s)-in-Suit: Cleviprex® (clevidipine injectable emulsions); U.S....more

McDermott Will & Emery

Heightened Written Description Standard for Negative Limitations?

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Addressing the issue of negative claim limitations, the US Court of Appeals for the Federal Circuit granted a petition for panel rehearing, vacated its prior decision (authored by now-retired Judge O’Malley) and reversed the...more

Haug Partners LLP

Belcher Pharmaceuticals’ Patent Held Unenforceable by the Federal Circuit

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The Federal Circuit published a precedential decision on September 1, 2021 regarding the unenforceability of a pharmaceutical patent due to inequitable conduct. In Belcher Pharmaceuticals LLC v. Hospira, Inc., the Court...more

Jones Day

Verbal Aspect of Claim Limits Design Patent Scope in Curver Luxembourg v. Home Expressions

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The Federal Circuit affirmed dismissal of design patent infringement claims under an estoppel theory triggered by amendments made to meet patentability requirements in Curver Luxembourg, SARL v. Home Expressions Inc., No....more

Knobbe Martens

Plausible and Specific Factual Allegations That Aspects of a Claim Are Inventive Are Sufficient to Defeat a Motion to Dismiss for...

Knobbe Martens on

CELLSPIN SOFT, INC. V. FITBIT, INC. ET AL. Before Lourie, O’Malley, and Taranto. Appeal from the United States District Court for the Northern District of California. Summary: While not all factual allegations that are...more

Mintz - Intellectual Property Viewpoints

Understanding the USPTO’s Interpretation of 35 U.S.C. § 112 for Computer-Implemented Functional Claim Limitations

Patent practitioners, inventors, in-house counsel, and patent examiners alike have been clamoring for more guidance on computer-implemented functional claim limitations invoking § 112(f) since the Federal Circuit’s en banc...more

Knobbe Martens

101 Patent Reform Progressing in Congress

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On May 22, 2019, a bipartisan committee of the U.S. Senate and House released a draft bill on § 101 reform, in a further attempt to reduce procedural obstacles for patent applicants. The draft bill would change the...more

Jones Day

Change Is Coming (Maybe): Reviewing the AIA Reviews and 101 “Clarity”

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On April 18, 2018, the Director of the USPTO Andrei Iancu informed the U.S. Senate Judiciary Committee that he aims to propose changes to America Invents Act reviews by this summer 2018. The Director told the Committee that...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Overturns PTAB’s Unreasonably Broad Claim Construction in Favor of Previously Affirmed District Court Construction

In a recent decision, the Court of Appeals for the Federal Circuit (“Federal Circuit”) overturned the Patent Trial and Appeal Board’s (PTAB or the “Board”) findings of anticipation “[b]ecause the [B]oard’s anticipation...more

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