Chinta, Perdomo, Berks and Fratangelo LLP

Means-Plus-Function Software Claims Must Have an Underlying Algorithm

All claims in EON's patent were found to be invalid because means-plus-function claims describing complex computer functionality are indefinite without algorithms to provide structure to the claims. Eon Corp. IP Holding LLC v. AT&T Mobility LLC, No. 2014-1392 (Fed. Cir. 5/6/2015). EON owns...

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Inequitable Conduct: Leviton Manufacturing Co., Inc. v. Universal Security Instruments, Inc.

No. 2009-1421 (Fed. Cir. 5/28/2010). Leviton filed several patent applications (that matured to granted patents) in 1999 and 2003 (“Germain application”) with nearly identical and in some cases identical claims. The 1999 and Germain application families were unrelated by priority...

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LIVE EVENTS: MANAGING RISK FOR SUCCESS

This video is being shared with the consent and permission of Mishu Music. Promoters of live events such as festivals and music performances have multiple aspects to coordinate before an event can successfully take place. Without a doubt, experienced promoters...

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ATELVIA® Patents Obvious at District Court

Judge Hochberg Finds Actavis’ ATELVIA® Patents Obvious In a decision issued on March 4, 2015, Judge Faith Hochberg of the New Jersey District Court found two Warner Chilcott patents covering risedronate sodium delayed release tablets, US7645459 and US7645460, obvious in...

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WHAT IS A WRITTEN DESCRIPTION IN A PATENT?

WHAT IS A WRITTEN DESCRIPTION IN A PATENT? A critical aspect in patent drafting is the “written description requirement” (35 USC §112(a)). This is a standard feature of all patent systems, which requires that claims be “supported” by the specification....

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Why Should You Get a Patent?

An issue for many tech entrepreneurs is whether they should spend the resources (money and time) on getting a patent. Let me address the issues here why you should or should not get a patent. Before we even get to...

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Defective Chain of Priority Results in Holding of Anticipation

Encyclopaedia Britannica v. Alpine Electronics of America, No. 2009-1544 (Fed. Cir. 6/18/2010).  Encylopedia Britannica (EB) owns the '018 and '437 patents, pertaining to multimedia database search system for retrieving textual and graphical information.  EB sued defendants Alpine Electronics and several...

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THE PROBLEM-SOLUTION APPROACH

THE PROBLEM-SOLUTION APPROACH Patent prosecution is one of my sharpest skills, and I just got word of an important patent allowance for one of my biotech cases. The beauty of receiving this notice was compounded by the strategy and approach...

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You think your competitor’s patent is junk? Don’t tell it to the judge

Commentary by James P. Demers On May 26, 2015, the U.S. Supreme Court issued a decision in a patent case, Commil USA, LLC v. Cisco Systems, Inc., in which the Court held that a good faith belief that a patent...

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Obviousness upheld: Purdue Pharma Products L.P. v. Par Pharmaceutical, Inc.

No. 2009-1553 (Fed. Cir. 6/3/2010) (non precedential). Par filed an ANDA for once daily tramadol, with PIV cert’s against two patents.  Purdue sued, and Par counterclaimed that the patents were invalid under 35 U.S.C. § 112 for lack of enablement...

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Federal Circuit Issues Two § 156 Decisions

On Monday, May 10, 2010, the Federal Circuit issued two decisions dealing with 35 U.S.C. § 156 (patent term extension to compensate for regulatory delays). In Ortho-McNeil Pharmaceutical, Inc. v. Lupin Pharmaceuticals, Inc., No. 2009-1362 (Fed. Cir. 5/10/2010) (Judges Newman,...

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