The Federal Circuit held that the “offer to sell” prong of patent infringement under § 271(a) requires the offer to be made within the United States, and does not extend to offers made abroad for products to be assembled and used abroad.
The Federal Circuit held that the TTAB failed to give proper weight to the fame of the FRITO-LAY trademark when finding no likelihood of confusion with the mark FIDO LAY for dog treats, establishing that famous marks deserve full weight in the multi-factor Dupont analysis.
The Federal Circuit affirmed summary judgment of non-infringement in an ANDA patent case, holding that Bayer’s repeated prosecution statements characterizing its claimed nifedipine crystal surface area range as ‘special’ and producing ‘superior’ performance created a cl
The Federal Circuit affirmed invalidity of a lacrosse stick patent under the on-sale bar of § 102(b), holding that subjective uncertainty about whether a commercially sold product possessed claimed performance characteristics cannot serve as an escape from the bar — if the product was ready for pate
The Federal Circuit reversed a grant of summary judgment, holding that genuine factual disputes existed over whether a trade show brochure triggered the on-sale bar or anticipated the patent, because neither party had presented evidence on how a person of ordinary skill in the art would understand t
The Supreme Court held that when the Federal Circuit reviews USPTO factual findings, it must apply the Administrative Procedure Act’s ‘substantial evidence’ standard — not the stricter ‘clearly erroneous’ standard applied to district court fact findings — changing the a
The Supreme Court unanimously established a two-part test for the on-sale bar to patentability under § 102(b) — holding that an invention is ‘on sale’ before the critical date when it is (1) the subject of a commercial offer for sale and (2) ready for patenting, resolving a circuit split
The Federal Circuit held that business method patents are not categorically excluded from patentability — upholding a patent on a computerized financial data processing system for mutual fund management and establishing the ‘useful, concrete, and tangible result’ test for software and bu
The Federal Circuit held that UC’s broad patent claims on the insulin cDNA sequence and all vertebrate and mammalian insulin cDNA sequences were invalid for lack of written description — establishing that broad genus claims in biotechnology must be supported by disclosure of a representative n
The Supreme Court unanimously reaffirmed the doctrine of equivalents and held that prosecution history estoppel applies even to unexplained claim amendments — establishing that when a patent claim is narrowed during prosecution without explanation, courts should presume the amendment was made for a