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WilmerHale

Federal Circuit Confirms “Secret Sales” Can Trigger AIA’s On-Sale Bar

WilmerHale on

On August 12, 2024, the Federal Circuit published its decision in Celanese International Corp. et al. v. International Trade Commission. The Federal Circuit concluded that, under the America Invents Act (AIA), patent claims...more

WilmerHale

Disclosure of Antibody’s Equivalents Not Necessary to Satisfy Written Description and Indefiniteness Requirements for a...

WilmerHale on

The United States Patent and Trademark Office’s (“USPTO”) Appeals Review Panel (“the Panel”) recently clarified that means-plus-function claims do not require that the specification disclose equivalents. See Ex parte...more

WilmerHale

Taking A Closer Look At Fed. Circ. Claim Construction Split

WilmerHale on

Despite the U.S. Court of Appeals for the Federal Circuit's en banc Phillips v. AWH Corp. decision in 2005 that purported to establish the definitive standard for claim construction, two disparate lines of claim construction...more

Haug Partners LLP

Narrowing the Disclaimer Doctrine: Federal Circuit Cabins the Reach of Disclaimers in the IPR Context

Haug Partners LLP on

OVERVIEW - The United States Court of Appeals for the Federal Circuit recently affirmed three Inter Partes Review (IPR) final written decisions of the U.S. Patent Trial and Appeal Board (“the Board”) where the Board...more

McDonnell Boehnen Hulbert & Berghoff LLP

What is an Abstract Idea, Anyway?

In 2014's Alice Corp. v. CLS Bank Int'l case, Justice Thomas famously wrote, "we need not labor to delimit the precise contours of the 'abstract ideas' category in this case."  Instead, he found the claims of patentee Alice...more

Smart & Biggar

The Best of the Decade – Canadian Patent Law in the 2010s

Smart & Biggar on

The 2010s saw many developments in Canadian patent law.  Establishment of a trade agreement with the European Union, ratification of an international IP treaty, implementation of a national IP strategy, and other domestic...more

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