High court displaying patent mistrust; in recent years, rulings of the Federal Circuit seem to get no respect in the Supreme Court
Article Abstract:
The US Supreme Court's interpretation of the "on-sale bar" of 35 USC 102(b) in Pfaff v. Wells Electronics,. Inc. is a revealing sign of the court's developing activism on patent issues, and the high court's emerging lack of trust in the Court of Appeals for the Federal Circuit could cause new uncertainty in issues patent lawyers believed were settled. The court's three significant patent decisions in the mid-1990s stand in contrast to the prior 15 years, with review of only two Federal Circuit patent decisions..
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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The patent prairie gets fenced in; the court's trend seems to be toward limiting patent claims
Article Abstract:
The trend of the United States Court of Appeals for the Federal Circuit has been to limit the scope of patent-infringement claims and to develop new law respecting claims drafted in means-plus-function form. Procedurally, the court has directed that district courts analyzing patent claims limit their sources since claims construction is purely a matter of law.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1999
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Nonexclusive patent licenses: not assignable; 9th Circuit decision precluded debtor in possession from assuming rights, sans consent
Article Abstract:
The 9th Circuit's ruling in Perlman v. Catapult Entertainment, Inc. that a debtor in possession cannot assume a nonexclusive patent license unless the debtor licensor consents because the license is not assignable under federal patent law is discussed.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2000
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- Abstracts: The continued unsettled state of constructive trusts in bankruptcy: of Butner, federal interests and the need for uniformity
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