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opinion commentary
welker
The generic terms “mechanism,” “means,” “element,” and “device,” do not connote sufficiently definite structure to avoid means-plus-function treatment. (Fed. Cir. 2008, 08-1169) The U.S. District Court (E.D. Virginia) granted summary judgment of...
Jake Ward
The applicable test to determine whether a claim is drawn to a patent-eligible process under § 101 is the machine-or-transformation test. (Fed. Cir. 2008, 07-11130, en banc) Bernard L. Bilski and Rand A. Warsaw (collectively, “Applicants”) appealed from the final decision of the BPAI ...
buffer
Point of novelty test is rejected; Infringement of a design patent requires that an ordinary observer, taking into account the prior art, would believe the accused design to be the same as the patented design. (Fed. Cir. 2008, en banc, 06-1562) The CAFC granted a rehearing en banc to address th...
Jake Ward
The authorized sale of an article that substantially embodies a patent exhausts the patent holder’s rights and prevents the patent holder from invoking patent law to control postsale use of the article. (553 U. S. ____ (2008)) Per JUSTICE THOMAS, who delivered the opinion of the Supreme Court: For o...