On June 2, 2014 the US Supreme Court in Nautilus, Inc. v. Biosig Instruments, Inc. (No. 13-369) attempted to clarify the requirement for precise language as required in the US Patent Statute at 35 USC Section 112, paragraph 2. At issue in the case, which was appealed from the US Court of Appeals for…

The American Intellectual Property Law Association (AIPLA) has filed an Amicus Brief (friend of the court)in Biosig Instruments, Inc. v. Nautilus , 2012-1289 (April 26, 2013, CAFC).  A link to the US Supreme Court docket on the appeal is found here. The Federal Circuit reversed a district court decision that a patent claim to a…

In October, the U.S. Court of Appeals for the Federal Circuit issued an opinion in Synthes USA, LLC and Depuy Synthes Products, LLC. v. Spinal Kinetics, Inc.,_F.3d _ (Fed. Cir. 2013). Synthes USA and Depuy Synthes Products (Synthes), the plaintiffs-appellants, appealed from a jury verdict of non-infringement of U.S. Patent No. 7,429,270 (270 patent) and…

Introduction Many, if not most of you are probably aware of the newly enacted America Invents Act (AIA).  The AIA is major patent legislation that includes significant changes to American patent law.  It was signed into law on September 16, 2011.  This report provides a summary of the most important provisions that are included in…

In THE LARYNGEAL MASK COMPANY LTD. AND LMA NORTH AMERICA, INC., v. AMBU A/S, AMBU INC., AND AMBU LTD, 10-1028 (CAFC, September 21, 2010), the CAFC reversed the US District Court for the Southern District of California on Claim Construction and Satisfaction of Written Description Requirement. The Laryngeal Mask Company Ltd. and LMA North America,…

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