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April 29, 2021 | By Gene M. Garner II | An Nguyen
Posted in: S&H IP Blog | USPTO News

USPTO Year in Review – 2020 Patent Trends

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 […]

April 28, 2021 | By Sunil Chacko
Posted in: S&H IP Blog | U.S. Court of Appeals For The Federal Circuit

Infinity Computer Products, Inc. v. Oki Data Americas, Inc – Arguing Your Way to Indefiniteness

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 […]

April 28, 2021 | By Mehdi D. Sheikerz
Posted in: S&H IP Blog | U.S. Court of Appeals For The Federal Circuit

“AT LEAST ONE …” – The Trend to Clarify Ambiguities

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 […]

April 28, 2021 | By Raph Y. Kim
Posted in: S&H IP Blog | U.S. Court of Appeals For The Federal Circuit

Amgen v. Sanofi and Regeneron – Enablement and the In re Wands Factors

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 […]

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