Category Archives: 102 Patentability

Sixteen Critical 2016-2017 Patentability & Validity Developments

This is a guest post from Donald Chisum and Janice Mueller of the Chisum Patent Academy. Below are highlights of the Critical  Patentability & Validity Developments of 2016-2017.   The Federal Circuit’s January 2017 decision in Sonix Tech. Co. v. Publications Int’l, … Continue reading

Posted in 102 Patentability, Alice, Appeals, Assignment/Ownership, Claim Interpretation, Federal Court, Infringement, Post-Grant Issues, USPTO Practice and Policy | Leave a comment

Fed. Cir. in Helsinn v. Teva Declines Limiting the Requirements of the “On Sale” Bar

In Pfaff v. Wells Electronics, 525 US 55 (1988), the Supreme Court attempted to focus the factors invoking the on-sale bar of s.102, by holding that the claimed invention must both be the subject of a “commercial sale”(including offers for … Continue reading

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Myriad Settles – Questions Remain

Yesterday, Myriad announced it has settled the BRCA assay litigations that had been ongoing—and not going well– with Pathway Genomics, Invitae and Gene by Gene (and I assume….Ambry and Labcorp). Although I was just about at the brink of shouting … Continue reading

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Hamilton Beach v. Sunbeam Products – “On Sale” Bar Clarified

On Wednesday August 14th, a divided  Fed. Cir. panel affirmed the invalidation of Hamilton Beach’s portable slow cooker under the “on-sale” or “in public use” bars of s. 102(b). Hamilton Beach Brands v. Sunbeam Prods., Inc., Appeal No. 2012-1581 (Fed. … Continue reading

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