Lexmark Part I: Federal Circuit to Reconsider Patent Exhaustion for International Sales

The Federal Circuit will soon decide whether the patent exhaustion doctrine, which limits the extent U.S. patent owners can control patented articles ...

Kimble v. Marvel Enterprises: Can Royalties be Required After a Patent has Expired?

In Kimble v. Marvel Enterprises, No. 13-720 (2015), the U.S. Supreme Court will decide whether to overrule Brulotte v. Thys Co., 379 U.S. 29 (1964) in...

U.S. Supreme Court Holds that Federal Circuit must give More Deference to Trial Courts

In Teva v. Sandoz, 574 U.S. ___ (2015), available at http://www.supremecourt.gov/opinions/14pdf/13-854_o7jp.pdf, the Supreme Court held that, in deter...

Means-plus-function Elements Lacking the Term “Means”

A claim element that is described in terms of its function may be subject to interpretation under 35 U.S.C. § 112(f).  §112(f) defines a specific c...