The Federal Circuit held that a patent application claiming an isolated DNA sequence encoding the NAIL protein receptor was obvious under KSR — where the prior art disclosed both the protein and routine methods of cloning its encoding gene — marking an important application of KSR’s flexible o
The Federal Circuit struck down a controversial USPTO rule that would have limited patent applicants’ right to file continuation applications claiming priority to parent patents, holding the rule was inconsistent with 35 U.S.C. § 120 — while upholding other procedural rules in the contested ru
The Federal Circuit affirmed the validity of Sanofi’s Plavix (clopidogrel) patent, holding that prior disclosure of a racemic mixture does not anticipate a claim to an isolated single enantiomer — particularly when the enantiomer exhibits unexpectedly superior properties not predictable from t
The Ninth Circuit held that the copyright first sale doctrine does not apply to foreign-made goods, allowing Omega to prevent Costco from reselling Omega watches in the United States without authorization — a ruling the Supreme Court affirmed by an equally divided 4-4 court in 2010, leaving the Nint
The Federal Circuit sitting en banc held that the machine-or-transformation test is the definitive standard for determining whether a claimed process is patent-eligible under 35 U.S.C. § 101, rejecting a patent application on a business method for hedging commodity-trading risk.
The Federal Circuit held that the ITC’s limited exclusion order authority under Section 337 does not extend to downstream products of non-parties to the investigation — rejecting the ITC’s longstanding practice of excluding finished goods containing infringing components made by responde
The Federal Circuit sitting en banc eliminated the two-part ‘point of novelty’ test for design patent infringement and replaced it with a unified ordinary observer test — holding that design patent infringement is determined by whether an ordinary observer, familiar with the prior art, w
The Federal Circuit held that violation of an open-source software license condition — not merely a contractual covenant — constitutes copyright infringement, giving open-source licensors the full array of copyright remedies (including injunctions and statutory damages) rather than only contract dam
The Federal Circuit held that direct infringement of a method claim divided across multiple parties requires that a single defendant direct or control the performance of every claimed step — a ruling that made it significantly harder to prove infringement of internet-era method patents implemented t
The Supreme Court held that the doctrine of patent exhaustion applies to method patents and that an authorized sale of a product that substantially embodies a patented method exhausts the patent holder’s rights — foreclosing downstream infringement suits against purchasers.