Computer patent trial issues: use and avoidance of s. 112, paragraph 6, to make your case

Article Abstract:

Recent U.S. Court of Appeals for the Federal Circuit patent case law suggests that claiming elements under 35 U.S.C. 112, paragraph 6 may be both more difficult and more important in computer patent means-plus-function claims. The Court ruled in Markman v. Westview Instruments, Inc. that equivalents issues under section 112 are the only patent scope issues that may be an issue of fact that the jury can decide. In Jonsson v. Stanley Works, the Court found that paragraph 6 of section 112 should be interpreted to limit the scope of equivalents.

Electronic computers, Electronic Computer Manufacturing, Computers & Auxiliary Equip, Computer industry, Intellectual property, Equivalents doctrine (Patent law)

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Federal Circuit limits jury's role in patent trials

Article Abstract:

The US Court of Appeals for the Federal Circuit's decision in the Markham case effectively removes the jury from interpreting patent claims in infringements trial. The decision may lead to increased reliance on summary judgment in such cases. The concurring and dissenting opinions in Markham are analyzed, along with the court's directive on expert testimony, to show the potential impact of minimizing the jury's role in patent cases.

Powers and duties, Jury, Juries

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Open letter to the Supreme Court concerning patent law

Article Abstract:

An open letter to the Supreme Court regarding its ruling in Warner-Jenkinson Co. v. Hilton Davis Chemical Co. is given. The court seemed particularly ignorant of Patent Law and Trademark Office (PTO) procedures ,its concern with infringement, and whether lack of intent to infringe justifies a reduced damage award.

United States, Courts of last resort

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