United States

March 30, 2016

FCA Nods To SCOTUS, Recommends The Use Of The Clear Error Standard Of Review In Claim Construction Where Expert Evidence Plays A Significant Role

2015 FCA 116 - The FCA advised that where expert evidence plays a significant role, claim construction might involve subsidiary factual disputes reviewed on a palpable and overriding error standard, which is equivalent to the United States clear error standard.
February 26, 2016

Provisional Patent Application Contradicts Formal Patent, Invalidates Claims for Indefiniteness

The CAFC took issue with inconsistent statements between a provisional patent application and the subsequent formal patent and invalidated a number of the patent’s claims for being indefinite.
November 23, 2015

CAFC to Rehear On-Sale Bar Novelty Case

The CAFC has now granted a petition for a rehearing the case on this issue of whether or not the sale of bivalirudin from the supplier gave rise to an on-sale bar.
November 6, 2015

USPTO Design Patent Fee 48% Increase

The USPTO is proposing a 48% increase in government fees to obtain a design patent.
October 2, 2015

United States adopts Divided Infringement Test

Akamai Technologies, Inc, v Limelight Networks, Inc, 09-1372 - The CAFC held that where more than one actor is involved in infringing the steps in a patent, one of the actors can be held liable for the entirety of the infringement if that actor “directs or controls the other’s performance.”
September 30, 2015

ONSC Takes On US Patent Claim Construction

OrthoArm Incorporated v GAC International, LLC, 2015 ONSC 5097 - The ONSC was to undertake the analysis that would normally be done at a Markman hearing: to perform claim construction on the US patent and apply that construction to determine whether there is infringement.
August 20, 2015

USPTO Proposes AIA Rule Changes

USPTO Proposes AIA Rule Changes - Proposes to affirm the "broadest reasonable interpretation standard" in IPR proceedings and other changes.
August 17, 2015

IPR Proceedings in the US retain the Broadest Reasonable Interpretation Standard for Claim Construction & Strict Claim Amendment Requirements

Microsoft Corporation v Proxyconn, Inc, - The “broadest reasonable interpretation standard” (“BRI”) standard is the standard for claim construction in Inter Partes Review IPR proceedings and newly substituted claims must be demonstrated to be patentable over the prior art of record.
May 11, 2015

Hague Agreement Offers Expedited Industrial Design Registration

Beginning May 13, 2015, U.S. entities will be able to file a single international application in a single language to obtain protection for up to 100 industrial designs in over 64 territories. Canadians with U.S. relations may be able to participate.
February 23, 2015

United States Supreme Court Clarifies that Claim Construction can Involve Subsidiary Factual Disputes that are Reviewed on a Clear Error Standard

Teva Pharmaceuticals USA, Inc, et al v Sandoz, Inc, et al, 574 US __ (2015) - United States Supreme Court clarified that claim construction can involve subsidiary factual disputes that are reviewed on a clear error standard, while the ultimate question of claim construction is reviewed de novo.