validity
The Not-So-Obvious Aspects of an Obviousness-Type Double Patenting Analysis
The granting of a patent has often been described as a bargain [1] between the government and the patentee. In exchange for the exclusive right [2] to make, construct, use and sell their invention, the inventor will disclose the details of their discovery and, upon the patent's expiry, the invention will be made available to […]
Re-litigating Patent Validity In Re Construction Equipment Company
Brian Chau is a JD candidate at Osgoode Hall Law School. A recent case, In Re Construction Equipment Company, came through the US Court of Appeals, Federal Circuit, which highlighted potential conflicts between findings of validity that arise from re-examination on the one hand and an invalidity action on the other. This case appeared to […]
Process or Product? Recent Product-by-Process Case May Pose Problems for Innovators
The U.S. Court of Appeals for the Federal Circuit recently ended much of the controversy surrounding product-by-process claims in Abbott Laboratories v. Sandoz, Inc., but arguably created a new debate in the intellectual property world. The court overruled an earlier panel decision from Scripps Clinic & Research Foundation v. Genetech, Inc., instead following the precedent […]