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First In Class: A Conversation with Joe Liebeschuetz, Ph.D. on the Affymetrix GeneChip® Array Patent ( June 2003 )
Companies and universities use the GeneChip® array in the laboratory for research, particularly for drug discovery purposes and detecting polymorphisms. The GeneChip® array is also used for diagnostic purposes; however, more diagnostic applications will likely be developed in the future. Researching drug discovery is the most common application at present. -
Avoiding Litigation Pitfalls Through Effective Patent Prosecution ( April 2003 )
It is well known in US patent law that during patent prosecution, "anything you say can and will be used against you." The prosecution history can thus become very significant in determining the scope of the claims, and in some cases even the validity of the patent. Through careful inventor interviews, patent application drafting, and patent prosecution, the scope of the claims can be maximized, while minimizing the likelihood of unwanted "surprises" during litigation. -
Five Rules for Winning Patent Cases ( March 2003 )
Patent litigation is not for the faint of heart as it carries tremendous risk and reward. Typically, patent litigants are "betting the company." The stakes are high: one case awarded almost $1 billion in damages. The successful patent-owner almost always secures a court order prohibiting further infringement, which removes a competitor from the market the very next day. -
Patent Term Extensions and Restoration under the Hatch-Waxman Act ( November 2002 )
A utility patent confers the right to exclude others from making, using, offering to sell, or selling an invention in the United States. The patent term measures the time period in which a patent holder may exercise patent rights. During a patent's exclusivity period, the patent owner(s) may capitalize on the patent in a variety of ways including manufacturing, marketing, licensing, or selling an invention. -
IP Due Diligence in Biotech Business Transactions ( September 2002 )
Intellectual property due diligence is generally conducted coincident with an investment or acquisition. Often the intellectual property is the most important asset of the target, particularly in the case of a start-up. Certain characteristics typify the due diligence process, regardless of the nature of the transaction, the underlying technology, or the size of the portfolio. Those characteristics include a short timeline, budget constraints, reliance upon representations made by counsel and the principals of the target, and the necessity of drawing conclusions. -
U.S. Supreme Court Vacates the Festo Decision ( May 2002 )
The Supreme Court found that the Federal Circuit correctly held that a narrowing amendment made to satisfy any requirement of the Patent Act may give rise to an estoppel, but that the Federal Circuit went too far when it created a per se rule, rather than only a presumption, that any such estoppel barred the application of equivalents to the narrowed element. -
Patent Claims and the Claim Game ( October 2000 )
This article explains the background of a patent claim and how the information in a patent claim is similar to the information found in a deed that describes a parcel of property. -
Patent FAQ ( July 2000 )
How long does a patent last? About 17 years depending on the type of patent and prosecution history. -
Using Project Documentation: A Simple Format For A Construction Claim ( May 2000 )
The prior newsletter discussed the documentation that should be maintained for a construction project. This articl. -
The Perils of Poor Drafting ( April 1999 )
This article details Federal Circuit decisions which relate to a patent document's scope of protection.
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