Tag Archives: Federal Circuit

Prosecution Guidance from the Fed. Cir. – How to Forfeit Arguments During Your Appeal

Guest post from Tim Bianchi. The Federal Circuit decided an appeal in an ex parte prosecution for Google last week, which may be of interest to patent prosecutors (In re Google Technology Holdings LLC, Appeal No. 2019-1828, November 13, 2020)). … Continue reading

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Immunex v. Sanofi-Aventis – The “Mystery Dance” of Claim Construction

In “Mystery Dance”, Elvis Costello  moans that he’s “tried and I’ve tried, and I’m still mystified” about the “Mystery Dance”, which probably has something to do about romance, but could easily describe the state of the relationship between appeals from … Continue reading

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G S Cleantech Petitions Fed. Cir. for Rehearing En Banc

Before you read this post, please read or re-read my post of March 9, 2020, that summarized the panel decision in some detail. The case involves the district court’s finding of inequitable conduct by both CleanTech and their attorneys via … Continue reading

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Advocacy vs. Candor Paves the Road to Inequitable Conduct

In GS Cleantech Corp. v. Adkins Energy LLC, the Fed. Cir. upheld a finding of an on-sale bar to patenting and also found that the main prosecuting attorney committed inequitable conduct by providing false or misleading information to the PTO. … Continue reading

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