Patent Infringement Damages and Injunctions – The Basics

Patents, as one part of intellectual property protection, provide a valuable property right and play an important role in economic development, a reward for innovations, add to the technological knowledgebase, and increase the general welfare. Patentees obtain patents for defensive purposes (file applications for publication and issuance to create prior art against others); commercial purposes […]

Why Patent? Ways to Monetize Patents

Patents, as one part of intellectual property protection, provides a valuable tool for protecting ideas, R&D, and business growth. It is a political policy decision of how patents are obtained, maintained, enforced, etc. Different countries have different views on patent policy. For many, though, patents are a driving force for economic development. And for other […]

Life Sciences Hot Issues from 2022 and Upcoming 2023 Ones

Introduction Life sciences patent and FDA law had its fair share of events in 2022. We highlight several interesting areas in 2022 and then profile some upcoming issues in 2023. Some of the issues are related to drug policy, some about FDA’s operations, and some about patents. Supreme Court Updates The US Supreme Court was […]

Billion Dollar Verdicts Wiped Out Due to Patent Law’s Written Description

Imagine your billion dollar win wiped out later. You’d be mad. You’d wonder how that happened. You’d ask if you did anything wrong to deserve that wipe out. You’d ask if you could have done something different. Patent law’s “written description” invalidity has wiped out wins by ruling the patent was indeed invalid. Naturally each […]

Understanding Means-Plus-Function Claims in Patent Law

We previously wrote about product-by-process claims in patent law describing them as an atypical patent claim. See our article here: Another atypical claim is a so-called “means plus function” claim. The M+F claim has a statutory root under 35 U.S.C. Sec. 112(f) (previously under 35 U.S.C. Sec. 112, sixth paragraph). The statute states that:  […]