The number of patents for drug delivery devices has shot up in recent years, and has had the effect of significantly extending the protection enjoyed by patented pharmaceuticals, delaying cheaper versions of the drugs and leading to higher prices, a recent paper found. And in a Q&A below, one of the authors raises an issue for policymakers.Continue Reading ...
Texas-based patent owner PACid Technologies filed a complaint alleging patent infringement committed by South Korean consumer electronics giant Samsung (KRX:005930). The case, filed in the Eastern District of Texas, focuses on authentication protocols …Continue Reading ...
In Knowles Elecs. LLC v. Iancu, Knowles appealed the inter partes reexamination decision of the Board, which affirmed an examiner’s finding that certain claims were anticipated while other claims would have been obvious over various prior art references. The third-party requester declined to defend the judgment in its favor. The Director of the USPTO intervened to defend the Board’s decision, pursuant to 35 U.S.C. § 143. On appeal, the Court permitted the Director to intervene and affirmed the…
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by Dennis Crouch In WesternGeco v. Ion Geophysical, the Supreme Court is focused on the extraterritorial application of U.S. Patent Law. The particular situation is the scope of damages available for the harm caused by exporting a components of a patented invention in violation of 35 U.S.C. 271(f). The April 16 oral arguments began with Former […]Continue Reading ...
$$ A first embodiment of the present invention will now be described with reference to FIGS. 1 to 8. / ここから、本発明の第１の実施形態を、図１～図８を参照しながら説明する。(USPA01046481): a first
$$ These rod sets extend from a first region maintained at a first pressure into a second region maintained at a second pressure. / これらのロッド・セットは、第１圧力に維持された第１領域から、第２圧力に維持された第２領域内へ向かって延在する。(USPA01010354): a first / a second
$$ Desirably a third release sheet covers the remainder of the adhesive of the dressing. / 望ましくは第３の剥離シートはドレッシングの接着剤の残りの部分を覆っている。(USP5968000): a third
$$ Preferably the cylindrical body includes a first and a second end for connection in a work string. (USP7628213): a first and a second sth
$$ FIG. 1 shows an expanded view of a locking means of the present invention in use with a first and a second tubular structure; (USP7637684): a first and a second sth
$$ Each well 70 is positioned at a different intersection of a first and second grid conductor. (USP6002207): a first and second sth
$$ According the another embodiment of the present invention, a power distribution system unit for an aircraft having a housing comprising a first housing part and a second housing part rotatably connected to one another by a hinge is provided. (USP8753129)
$$ An apparatus as claimed in claim 9, further comprising another shutter arrangement disposed adjacent the another optical imaging system. (USP5616912)
$$ The each hinge member is preferably a helical spring. / 各ヒンジ部材はコイルばねであることが好ましい。(USP8777514)
$$ Similarly, in FIG. 5, and FIG. 6, the closed group which has been used as the basis for the mean face used in the caricaturing process are illustrated by the highlighted facial images at the bottom of the each window. (USP7646395)
$$ An electron source as claimed in claim 8, wherein the each channel is tapered.(USP6002207)
(AN APPARATUS AND METHOD)
("an apparatus and a method"のパターンは用いられないようである)
$$ The present disclosure relates to an apparatus and method for administering medicament for inhalation by a patient and, more particularly, to a dry powdered medicament inhaler. (USP7540282)
$$ In accordance with the present invention, an apparatus and method for reducing noise in a vehicle is provided. (USPA02076059)
(THE APPARATUS AND METHOD)
("the apparatus and the method"のパターンは用いられないようである)
$$ The apparatus and method of the invention have been optimised to produce an oxygen concentration of low ppm levels. / 本発明の装置および方法は低いppm レベルの酸素濃度を生成するのに最適である。(USP5436086)
$$ The apparatus and method of the invention has several advantageous uses. (USP6102137)
(THE FIRST AND THE SECOND)
$$ The lock arrangement as defined in claim 11 in which the cam includes a first and a second stop corresponding to the first and the second positions of the output element. (USPA02074809)
$$ The apparatus and the method of this Application are particularly suitable for use with RF driven antennae. / 本願の装置と方法は無線周波駆動のアンテナ群を伴った使用に特に適している。(USP6458239)
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Initially, the CAFC noted:
This Hatch-Waxman appeal requires us to construe
the scope of a claim depicting a compound’s chemical
structure. Although the compound can exist in two different
three-dimensional orientations that are mirror images
of each other [enantiomers], only one is portrayed in the claim. The
district court construed the claim to cover the two threedimensional
orientations in isolation—both the one shown
in the claim and its mirror image—as well as mixtures of
the two in any ratio. The parties then stipulated to
infringement and the entry of an injunction. We agree
that, at a minimum, the claim encompasses the specific
As explained below, the plain claim language and
specification demonstrate that, at a minimum, claim 14
covers what it depicts: the (–)-enantiomer. This suffices
to resolve the parties’ dispute because Appellants concede
that the district court’s judgment can be affirmed if we
conclude that claim 14 at least covers the (–)-enantiomer.
See Oral Arg. at 8:40–9:10, http://oralarguments.
Of past history:
This outcome comports with previous cases rejecting
similar attempts to limit claims to racemic mixtures.
Although differences in the patents’ specifications make it
such that they are not factually identical to the current
appeal, this does not detract from the convincing intrinsic
evidence we have required in cases confining otherwiseunrestricted
claims to racemic mixtures. For example, in
Pfizer, Inc. v. Ranbaxy Laboratories Ltd., Ranbaxy sought
to limit a claim depicting a specific three-dimensional
orientation to a racemic mixture. 457 F.3d 1284, 1288–89
(Fed. Cir. 2006). The compound at issue had four isomers:
R-trans, S-trans, R-cis, and S-cis.1 The specification
disclaimed the R-cis and S-cis isomers, and it only disclosed
reaction sequences that produced racemic mixtures.
Ranbaxy argued that the specification’s disclosure,
combined with the convention that a racemate is often
represented by drawing one of the constituent enantiomers,
justified limiting the claim to a racemic mixture.
We rejected these arguments because the claim itself
depicted the R-trans enantiomer, and unlike other claims
in the same patent, it was not limited by the “trans-(±)”
designation. Id. at 1289.
Appellants’ claim construction arguments conflict
with Pfizer and other precedent because they seek to
import limitations from the specification into the claim.
Finally, Appellants’ organic chemistry textbooks andContinue Reading ...
expert testimony do not compel a different result. Extrinsic
evidence is, in general, “less significant than the
intrinsic record in determining ‘the legally operative
meaning of claim language.’” Phillips, 415 F.3d at 1317
(quoting C.R. Bard, Inc. v. U.S. Surgical Corp., 388 F.3d
858, 862 (Fed. Cir. 2004)). This is particularly so here,
where the intrinsic record demonstrates that claim 14’s
structure covers at least the (–)-enantiomer. See Vitronics
Corp., 90 F.3d at 1583 (“In most situations, an analysis of
the intrinsic evidence alone will resolve any ambiguity in
a disputed claim term. In such circumstances, it is improper
to rely on extrinsic evidence.”). In any event, we
see no clear error in the district court’s rejection of the
organic chemistry textbooks as irrelevant or contradictory
to Appellants’ construction. See Teva, 135 S. Ct. at 841.
And while Appellants’ expert contends that it is conventional
in the art to use a single enantiomer as shorthand
for a racemic mixture, he does not state that a person of
ordinary skill would always understand the depiction of a
single enantiomer to exclude the very enantiomer depicted.
See J.A. 1015–16 ¶ 27
Guest post by Colleen V. Chien, Associate Professor of Law at Santa Clara University School of Law. Thanks to the USPTO Office of the Chief Economist and Innography for sharing patent data. Just over a week ago, the United States proposed tariffs on over 1,000 Chinese imports in response to various intellectual property grievances. China responded […]Continue Reading ...
The Supreme Court heard oral argument today in WesternGeco v. Geophysical today. The transcript of the oral argument is available [here].Continue Reading ...
As regulation of data protection is high in the global news feed following Facebook chief Mark Zuckerberg’s testimony to the United States Congress, the fourth edition of Electronic Commerce Week of the United Nations Conference on Trade and Development (UNCTAD) opened today.Continue Reading ...
is now available, here. After I read it, I may return with some comments.Update: Having now read through the transcript, I predict a 9-0 reversal. The rule will be that the patentee, whatever the theory of liability (271(a), 271(f)) a…Continue Reading ...
is now available, here. After I read it, I may return with some comments.Continue Reading ...
Here is what Director Iancu had to say about the Wright Brothers: “At my swearing-in, I remarked that through the doors of the U.S. Patent and Trademark Office comes our future. And indeed, it does, and it always did. We must celebrate that. From Thoma…Continue Reading ...
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