Drafting Patents for Litigation and Licensing is the first book to help patent practitioners draft the broadest and strongest possible patent that can sustain a validity challenge by synthesizing and applying lessons from the case law.
- Prometheus Laboratories, Inc. v. Mayo Collaborative Services, applying the Federal Circuit’s “machine-or-transformation” test to medical treatment claims
- Abbott Laboratories v. Sandoz, Inc., clarifying conflicting precedent and holding that product-by-process claims are not infringed unless the accused product was actually. produced by the recited process
- The Forest Group, Inc. v. Bon Tool Co., imposing liability for mismarking patent numbers on every article sold by the patent owner
- Cardiac Pacemakers, Inc. v. St. Jude Medical, Inc., overruling earlier precedent and holding that exporting a component overseas that is used to perform a U.S.-patented method does not give rise to infringement under 35 U.S.C. §271(f)
The 2010 Cumulative Supplement also covers new topics such as software module claims for computer-related inventions, prior art considerations for drafting design patent claims, and drafting claims of different scope in electrical cases. Updated information includes obviousness issues in mechanical patent applications after KSR; reliance on drawing figures in mechanical applications; the USPTO’s application of the “machine-or-transformation” test after Bilski; and the use of product-by-process claims in chemical and pharmaceutical patents.
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