Archive for the ‘Drafting Medical Technology Patents’ Category
Are Patent Rulings Impacting Court Cases?
The Wall Street Journal sure thinks so. Here is an excerpt from a WSJ article titled ‘ How a Patent Ruling Is Changing Court Cases’ that drives the point home – Last week, a federal judge in San Francisco who previously had allowed a patent-infringement lawsuit to proceed against RealNetworks Inc. changed course and dismissed the case, citing the Supreme Court’s April ruli... Read More
New Patent Appeals Need to be Clear and Precise
The Board of Patent Appeals and Interferences (BPAI) is presently experiencing a large increase in the number of ex parte appeals. In 2006 (Financial Year), the Board received 3,349 ex parte appeals. In 2007, the Board expects to receive more than 4,000 ex parte appeals; and in 2008, it expects to receive over 5,000 such appeals. In order to keep the process functioning smoothly in the face of thi... Read More
Improper Double Patenting leads to Patent Invalidation
The importance of following proper rules and procedures in the filing of patents cannot be overemphasized. Even tiny mistakes can lead to patent invalidation. The Patent Prospector highlights a particular case where ‘double patenting’ finally led to invalidation of both patents. An excerpt from the post: Toprol-XL® is a drug used to treat heart-related malfunctions. A... Read More
Drafting Medical Device Patents Requires Grasp of Technical Vocabulary
Can getting a single letter of the alphabet wrong in an issued patent spell disaster when it comes to litigating against infringers? Unless the mistake is seen as being a minor typographical error that can be corrected by filing a certificate of correction, the answer is a resounding yes. Hats off to Peter Zura of The 271 Patent Blog for his post on Central Admixure Pharmacy Servic... Read More
