March 2015 Newsletter

March 1, 2015


Going to the ends of the earth to kill a patent - without breaking the bank
by Michael N. Rader
It is the prior work that an inventor did not build upon - indeed, that which the inventor and the Patent Office did not even know about - that is most likely to lay the foundation for a successful challenge to a patent's validity. This article provides four tips for locating such superior prior art on a budget. [read more]

Commil v Cisco: The US is in the midst of rethinking defences to 'inducement' of patent infringement

by Charles T. Steenburg
On its face, Commil presents a narrow issue: whether a defendant's belief that a patent is invalid constitutes a defence to inducement. However, lurking below is a broader question. [read more]

Looking Behind The Different Invalidation Rates Of Oppositions And IPRs

by Janice A. Vatland and Y. Jenny Chen
Current statistics indicate a higher invalidation rate for inter partes reviews in the US as compared to European Patent Office oppositions. [read more]

Investigating Inherency: Inception to AIA

by Robin A. Weatherhead The doctrine of inherent anticipation has a long and convoluted history which has evolved within the American court system from the late 1800s through present day, with the advent of the America Invents Act. [read more]

IP Case Law Analysis

Below are links to reviews of recent Federal Circuit cases of interest. For other case reviews, go here.

Federal Circuit Confirms Low Threshold for Finding That Prior Art Teachings are Analogous Art
Scientific Plastic Products v. Biotage AB

Federal Circuit Decision May Impact Construction of Method Step Order
Mformation Technologies v. Research In Motion

Federal Circuit Clarifies Application of Antitrust Law to Patent Infringement Litigation
TYCO Healthcare Group v. Mutual Pharmaceutical

Lost Before the Patent Office? Get New Evidence in Front of the District Court
Stephen P. Troy v. Samson Manufacturing Corporation

Deliberate Choices Made During Patent Prosecution are Not "Errors" Correctable by Reissue
In Re Dinsmore

Unexpected Results Need to Match the Breadth of Claims
Allergan v. Apotex

Firm News

On March 23, our post-grant team won a complete IPR victory for Saint-Gobain Performance Plastics Rencol Ltd. Read more.

On January 5, our litigation team obtained a victory for Keurig Green Mountain and Starbucks. Read more.

Wolf Greenfield was recently ranked in the silver category in the World Trademark Review 1000, a prestigious ranking of leading law firms and individual practitioners. Read more.

On January 1, Charles T. Steenburg was promoted to Shareholder, and Jessamine Lee and Robert A. Jensen were promoted to Counsel. Read more.