RECENT DEVELOPMENTS IN PATENT LAW |
NATIONAL COUNCIL OF INTELLECTUAL PROPERTY LAW ASSOCIATIONS |
OCTOBER 16, 1991 |
Edward J. Cabic |
Initial cite is to PTCJ volume and page. Last cite is USPQ2d. |
Executive Summary |
SELECTED CASES OF NEW LAW AND INTEREST |
Specification - 112
Vas-Cath (p. 3) - Written description requirement is separate and distinct from enablement
requirement.
Reissue
Green (p. 4) - Court can not require patentee to go to PTO for a reissue when patentee says
there is no error.
Infringement
Symbol Technologies (p. 4) - In first case on Fed.R.Evid. 705, Court permits opinion testimony
of expert in infringement patent trials and under �112, para. 6.
Laitram (p. 4) - Presence of some structure in a means plus function claims does not preclude section 112 para. 6.
Arachnid (p. 5) - Party must have legal title to patent during time of infringement to recover money damages.
Slimfold (p. 6) - No infringement under Doctrine of Equivalents if the element does not function in same way.
Court's Powers & Jurisdiction
Acoustical Design (p. 7) - Doctrine of assignor estoppel precludes invalidity defense even if there
is a later license back to assignor.
Vaupel (p. 8) - Reissue proceedings are "other litigation" so as to prevent latches and estoppel.
Spectronics (p. 8) - When patentee files a covenant not to sue there is no longer jurisdiction for a declaratory judgment action.
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