December 2007 (Part I) – Click for full issue

• Substantial question of invalidity supported motion to dismiss willful infringement claims
• Obviousness requires more than showing a predictability of probable success
• Corroboration of just the existence of a prototype without corroborating evidence that the prototype worked for its intended purpose was insufficient to prove prior invention
• Federal Circuit addresses “unavoidable” standard for reviving lapsed patents
• Injunctive relief held unavailable in a § 146 action
• UCC-based indemnification claim survives supplier’s motion to dismiss
• Applying Seagate to rule that discovery from in-house counsel was limited to pre-litigation communications
• OMB approves PTO’s new IDS rules

Posted in Patent Happening