Patent Happenings – November 2007 (Part I)

November 16th, 2007

November 2007 (Part I) – Click for full issue

  • JMOL overturning willful infringement verdict granted in view of closeness of case and competent opinion of counsel
  • Failure to incorporate entirety of grandparent specification in intervening specification defeated § 120 priority claim for child application
  • Actual notice from corporate affiliate of patentee was sufficient under § 287 where affiliate was responsible for licensing and enforcing the patent
  • Evidentiary burden shifting of Rule 11does not apply to claims for attorney fees under § 285
  • Threat of contempt proceedings supported jurisdiction for declaratory judgment action regarding redesigned product
  • Remand order based on district court’s decision not to exercise supplemental jurisdiction held unreviewable on appeal

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