A critique of recent opinions of the Federal Circuit in patent interferences

Article Abstract:

The Federal Circuit Court of Appeals decided many important cases concerning patent law and interferences such as In re Deckler and Kimberly-Clark Corp v. Proctor & Gamble Distributing Co since Dec 31, 1992. The Deckler decision denied In re McKellin's precedent and held that a party subject to an interference judgment is barred from maintaining patentably indistinguishable claims from the lost count. The Kimberly-Clark court re-established the ancillarity to priority doctrine. Other patent cases are discussed.

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A critique of recent opinions of the Federal Circuit in patent interferences

Article Abstract:

Two patent interference cases decided by the US Court of Appeals for the D.C. Circuit in 1996 have actually increased the apparent disparity between the US first-to-invent system and the first-to-file that predominates in the rest of the world. The opinions in Mahurkar v. C.R. Bard, Inc. and Fujikawa v. Wattanasin addressed a number of procedural and substantive issues. In both cases, the Court appeared to lessen the burden of proof sufficient to demonstrate diligence.

Other Justice, Public Order, and Safety Activities, Patent Law

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A critique of recent opinions of the Federal Circuit in patent interferences

Article Abstract:

US Federal Circuit patent cases published in 1997 involving patent interference and Patent Code section 135 are surveyed. In re McGrew was important in the court's diminishment of possibilities of using interferences instead of reexaminations of prior proceedings. Rowe v. Dror was important in the court's allowing interferents to litigate patent claims individually.

Cases, Patents

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