In February 2020, the United States Patent and Trademark office (“USPTO”) released its annual Performance and Accountability Report for Fiscal Year 2020. Overall, the report showed a slight decrease in U.S. patent application filings in fiscal year 2020 but an increase in patent issuances across utility, design, and plant applications […]

As reported in the Staas & Halsey New Bulletin of July 13, 2020, the United States Patent and Trademark Office (USPTO) launched a Fast-Track Appeals Pilot Program to speed up patent examination and ex parte appeals. Under the Fast-Track Appeals Pilot Program, the USPTO expected the average ex parte appeal […]

In Infinity Computer Products, Inc. v. Oki Data Americas, Inc. The U.S. Court of Appeals for the Federal Circuit affirmed a district court’s decision to invalidate US Patent. No. 6,894,811 (‘811) and three other related patents due to indefiniteness. Patent 6,894,811: Patent ‘811 was directed to “using a fax machine […]

Claim definiteness is increasingly playing a more critical role in claim construction, considering the scrutiny afforded petitioners in inter-partes examination proceedings (IPRs) challenging validity of patents before the USPTO. Even though indefiniteness is not a basis to institute an IPR, claim indefiniteness can cause claim construction confusion. The trend to […]

On February 11, 2021, the Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed a district court’s judgment as a matter of law (“JMOL”) that Amgen’s asserted claims to binding affinity of antibodies were invalid for lack of enablement, holding that undue experimentation would be required to practice the […]