September 2007 (Part II) – Click for full issue

• Claims in a business method patent effectively claiming only a mental process failed to claim statutory subject matter (CAFC)
• Electronic signals held not to be patentable subject matter (CAFC)
• Liability for divided infringement requires that one actor directs or controls the other actor (CAFC)
• Injunction enjoining patentee from publicizing its infringement claims vacated where the claims were not objectively baseless (CAFC)
• Infringement proven with comparative test data on unclaimed features where that data provided information on the presence of claimed features (CAFC)
• Subject matter jurisdiction for declaratory judgment action not defeated by patentee’s failure to assert an infringement counterclaim (CAFC)
• Pre and post event documentary evidence corroborated “public use” testimony (CAFC)
• “Comprised of” generally treated as an open-ended transition term, but surrenders in prosecution history limited openness (CAFC)
• Bankruptcy plan that granted right to sue to a first entity and legal title to the patent to a second entity defeated first entity’s standing (CAFC)
• Special Masters for claim construction (ED Mich)
• Issue preclusion barred all invalidity defenses even those not raised in underlying action (NDCal)
• No patent misuse from including a non-compete covenant in licensing agreement (7th Cir.)

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