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Confusion About Means-Plus-Function Claims
Patent applicants should be wary when drafting means-plus-function claims. The trend in the Federal Circuit has been to construe means-plus-function limitations with increasingly narrow scope. One possible alternative for patent applicants is to draft claims using purely structural language. But when will the courts construe a claim as a means-plus-function claim or a structural claim? This paper examines the conflicting case law and offers some drafting tips.Another Wipeout for the Doctrine of Equivalents
The doctrine of equivalents has been slowly whittled away during the past 50 years by restrictions such as prosecution history estoppel, the all-elements rule and prior art limitations. More recently, the doctrine of "patent drafter estoppel" has provided an additional limitation. The Federal Circuit's decision in Sage Products v. Devon Industriesarguably began the recent trend toward patent drafter estoppel.
Bid for review of asset freeze order in Miami case rejected
The U.S. Court of Appeals for the Eleventh Circuit has sided with prosecutors on a key asset forfeiture issue that has divided courts across the country.Appeals court restricts challenges to asset freezes
The U.S. Court of Appeals for the Eleventh Circuit has sided with prosecutors on a key asset forfeiture issue that has divided courts across the country.In an April 26 ruling, the court said defendants can't point to weaknesses in the government's case as a means to fight prosecutors' attempt to freeze their assets after indictment but before trial.Daily Decision Service Alert: Vol. 19, No. 182 - September 22 2010
Daily decision alert.Blended Trial Team Leaves Egos at Home and Finds Victory in Collaboration
The stakes were huge for Johnson & Johnson when the company was hit with three antitrust suits in rapid succession. Faced with the possibility of treble damages far in excess of $5 billion, J&J assigned in-house attorney Katy Meisel to create a "virtual law firm" blending top talent from different firms. "[I]f the two firms are really cooperating instead of sharpening their elbows, proceeding in this way can be very efficient," said Sidley Austin's John Treece, one of the lead attorneys on the case.Blended Trial Team Leaves Egos at Home and Finds Victory in Collaboration
The stakes were huge for Johnson & Johnson when the company was hit with three antitrust suits in rapid succession. Faced with the possibility of treble damages far in excess of $5 billion, J&J assigned in-house attorney Katy Meisel to create a "virtual law firm" blending top talent from different firms. "[I]f the two firms are really cooperating instead of sharpening their elbows, proceeding in this way can be very efficient," said Sidley Austin's John Treece, one of the lead attorneys on the case.Trending Stories
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