July 2007 (Part II) – Click for full issue

• Invalidity declaratory judgment counterclaim dismissed for lack of immediacy (CAFC)
• Experimental activities fell within safe harbor of § 271(e)(1) (CAFC)
• Double patenting found where second patent claimed an element of a combination claimed in the first patent (CAFC)
• Mere capability to perform claimed step insufficient alone to show infringement (CAFC)
• Unexpired presidential review period precludes appeal of ITC exclusion order (CAFC)
• Permanent injunction denied in eBay case (E.D Va.)
• Laches periods tacked where products were essentially identical from the viewpoint of the infringement analysis (E.D Pa.)
• Disparate elements in single reference did not anticipate claimed combination (N.D. Cal.)
• Accused infringer does not have to formally plead reliance on opinion of counsel to defend against willful infringement charge (D. Del.)
• Adverse inference instruction on credibility and restricting presentations to the jury ordered as sanctions for willful discovery violation (E.D. Tex.)
• PTO applies KSR in three “Precedential” opinions affirming obviousness rejections
• PTO proposes rule changes for Appeal Briefs that may impose harsh burdens on applicants

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