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Finding an Error in a Patent Decision May Not Be Enough to Win
Federal Circuit decision involving Netlist and Micron shows why finding an error in a patent ruling may not be enough to overturn it. If another independent basis supports the same result, the error may be treated as harmless.
Charles Gideon Korrell120A Patent on Your Improvement Does Not Necessarily Give You the Right to Sell It
A Federal Circuit decision involving the cancer drug Cabometyx highlights an important distinction between obtaining a patent and having the right to commercialize an invention. A later patent on an improvement may still fall within the scope of an earlier, broader patent.
Charles Gideon Korrell80Want to Challenge a Government Policy? First Make Sure You Have the Right Plaintiff
A Federal Circuit decision shows why challenging a government policy requires more than disagreement or advocacy costs. The plaintiff must show a concrete, ongoing injury before a court can reach the merits.
Charles Gideon Korrell90Range of Motion v. Armaid: What Product Companies Should Know About Design Patent Risk
CAFC leaves the Range of Motion v. Armaid design patent framework intact, preserving judicial claim construction and the plainly dissimilar shortcut.
Charles Gideon Korrell91Dental Monitoring v. Align: Federal Circuit Requires Written-Description Support for AIA Provisional Prior Art
In Dental Monitoring v. Align, the Federal Circuit holds that AIA provisional prior art requires § 112(a) written-description support for a published claim.
Charles Gideon Korrell360
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