federal circuit

Federal Circuit Interprets "On-Sale Bar"

by Adam Philipp on May 2, 2017

Federal Circuit

Says SEC disclosures

Trigger On-Sale Bar

The Federal Circuit has ruled that the on-sale bar rule of 35 U.S.C. § 102 applies to sales of products made available to the public even if what’s offered doesn’t fully disclose the invention.

The case of Helsinn v. Teva involves four Helsinn patents for intravenous formulations of a drug called palonosetron for reducing or reducing the likelihood of chemotherapy-induced nausea and vomiting (CINV).

Helsinn sued Teva alleging that Teva’s filing of an Abbreviated New Drug Application (ANDA) constituted an infringement of various claims of those patents.

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Federal Circuit Invalidates "Obvious" Scanner Patent

by Adam Philipp on March 6, 2017

Federal Circuit:

Scanner patent claims should be

Narrowly construed

By Creative Tools from Halmdstad, Sweden – CreativeTools.se – VIUscan – Laser-scanned – ZPrinter – 3D printed – Viking Belt Buckle 24, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=12419129

The Federal Circuit has upheld a decision of the Patent Trial and Appeal Board (PTAB), on Inter Partes Review, that the claims of a patent owned by MPHJ Technology Investments were anticipated or obvious in light of prior art.

The case of MPHJ Tech. Invs. v. Ricoh Ams. Corp. (Fed. Cir. Feb. 13, 2017) involves a patent for a “Distributed Computer Architecture and Process for Document Management.”

The patent application describes a system and method that

extends the notion of copying from a process that involves paper going through a conventional copier device, to a process that involves paper being scanned from a device at one location and copied to a device at another location.

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Federal Circuit Vacates TTAB Ruling on SaaS Trademarks

by Adam Philipp on February 11, 2017

Federal Circuit

says "perception" is the key

in SaaS trademark case

By 百楽兎 – Own work. Cloud icon is from (Public domain), computer icon is from (GPL), CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=9955849

The Federal Circuit vacated and remanded a ruling by the Trademark Trial and Appeal Board (TTAB) on whether certain trademarks used for software-as-a-service (SaaS) were eligible for federal trademark protection.

The case is In re JobDiva, Inc.

In 2004, the US Patent and Trademark Office issued JobDiva’s registration for the service mark JOBDIVA for “personnel placement and recruitment” services.

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Federal Circuit

reverses district court on



The Federal Circuit has reversed a district court’s ruling that a patent’s claims were indefinite and thus that the patent was invalid.

Sonix Tech. Co., Ltd. v. Publ’ns Int’l, Ltd. is a case involving Sonix’s patent for a system and method for using a “graphical indicator” (e.g., a matrix of small dots) to encode information on the surface of an object.

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"On-Sale" Bar Doesn’t Apply to Sales to Inventor

by Adam Philipp on November 23, 2016

"On-Sale" bar can stop

a patent being issued —

but what is a "sale"?

source:  https://pixabay.com/en/discount-sale-shopping-149600/

The "on-sale bar" is a limitation on the patentability of an invention under 35 U.S. Code § 102, which says:

A person shall be entitled to a patent unless—

(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention;

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Federal Circuit Says Lip Sync Software Patent Claims Aren’t Abstract

Federal Circuit Finds that lip sync software claims aren’t really abstract By © copyright Blender Foundation / www.sintel.org, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=12855659 The Federal Circuit has ruled that the claims of software patents for synchronizing the lip movements of animated characters are not abstract. The case of McRo, Inc. v. Bandai Namco Games America involved […]

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Federal Circuit Says that PTAB Misused "Common Sense"

What is "common sense" when it comes to patent law? Read on to find out… By Scanned by uploader, originally by Thomas Paine. – http://www.indiana.edu/~liblilly/history/common-sense-larger.html, Public Domain, https://commons.wikimedia.org/w/index.php?curid=112772 The Federal Circuit, in the case of Arendi SARL v Apple Inc., recently reversed a decision by the Patent Trial and Appeal Board (PTAB). The decision was […]

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Employment Agreement Didn’t Prevent Inventor from Assigning Inventions

Employment contract Doesn’t prevent inventor assigning patents Illustrative photo. By Tetra Pak – http://www.flickr.com/photos/tetrapak/5956902625/, CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=17693114 It’s very common for an employment agreement to include an "invention assignment." (This can also be a stand-alone agreement or combined with an NDA.) An invention assignment, which might also be called an intellectual property (IP) assignment, […]

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Co-Inventors Must Be Named, Even When Contributions Are Minimal

Federal Circuit: Co-inventors must be named, added to patents   By Fletcher6 – Own work, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=9420546 The Federal Circuit recently ruled that all co-inventors must be named on issued patents, even when their contributions to an invention are minimal. The case, Vapor Point LLC v. Moorhead, involved patents for the removal of […]

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Federal Circuit Limits Application of "On-Sale Bar"

Federal Circuit decision on "on-sale bar" is good for start-ups By Joanne Mitchell – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=45258994 A recent decision by the Federal Circuit limits the application of the "on-sale bar" and could be good for startups and other small businesses. Under US patent law (35 U.S.C. § 102), an invention isn’t […]

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