Obvious-type Double Patenting Expanded in 2014

Obviousness-type double patenting (ODP) is non-statutory and is intended to prevent an inventor from extending a patent’s life by having two patents on the same invention. The issue can arise between pending applications, between a patent and one or more pending applications, and even between multiple patents. On April 22, 2014, in Gilead Sciences Inc. […]

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Federal Circuit rejects Claims as Invalid under 35 U.S.C. 101 — Ultramercial v. Hulu

On November 14, 2014, the Federal Circuit rejected claims of U.S. Patent No. 7,346,545 as not being directed to patent eligible subject matter. See Ultramercial, Inc. v. Hulu, LLC, __ F.3d __ (Fed. Cir. Nov. 14, 2014) (LOURIE, Mayer (concur), O’Malley) (C.D. Cal.: Klausner). The short version — the Federal Circuit affirms a Rule 12(b)(6) dismissal […]

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The U.S. Patent Office is Forgiving about Small Entity Status

Small entity status gives individuals and companies substantial discounts on many government fees associated with patent filings. In the mid-1990s, there were district court decisions in which a patentee faced negative legal consequences for erroneously or improperly claiming small entity status. See (1) Haden Schweitzer Corp. v. Arthur B. Myr Industries, Inc., 901 F. Supp. 1235, […]

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Purpose of the Patent System Is to Raise the Bar for Invention

Writing in concurrence in Meyer Intellectual Properties Limited v. Bodum, Inc. (Fed. Cir. 2012), Judge Dyk questioned why the patent in dispute issued and why it was not found obvious on summary judgment: While I agree with and join the thorough majority opinion, in looking at this case from a broader perspective, one cannot help […]

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