IP Watchdog
AUGUST 31, 2021
District Court for the Southern District of Florida ruled against plaintiff Vital Pharmaceuticals, Inc.’s In each of these opinions, the court noted the absence of survey evidence (or, in the Vital Pharmaceuticals case, the inadequacy of an “almost comically flawed” survey). On August 3, 2021, the U.S. On June 7, 2021, the U.S.
IP Watchdog
FEBRUARY 6, 2023
Case law has defined prosecution laches as an affirmative defense against an infringement assertion. Specifically, the case law indicates a patent that is being asserted is unenforceable when the patentee caused an unreasonable and unexplained delay in prosecution of the patent. Symbol Tech v Lemelson Medical, No.
IP Watchdog
NOVEMBER 4, 2024
The case law distinguishes between so-called “unpredictable arts” (e.g., the biological, chemical, and pharmaceutical arts) and “predictable arts” (e.g., electrical and mechanical arts) for purposes of Section 112 analysis for the very reason that one is considered “predictable” while the other, “unpredictable.”
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