Category Archives: Infringement

Infringement by Unobvious Changes – A Look (Way) Back

As a much younger attorney, I gave a presentation at the 1990 AIPLA Annual Meeting:  “A Review of Recent Federal Circuit Decisions Relating to Infringement” (AIPLA Selected Legal Papers, 9, 3 (July 1991)), in which I wrestled with the question … Continue reading

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Inducement of Patent Infringement: Even Without Knowledge of the Patent?

Under 35 U.S.C. § 271(b) “[w]hoever actively induces infringement of a patent shall be liable as an infringer.”  On October 12th, the Supreme Court has granted certiorari (link below) for the case of Global-Tech v. SEB (S. Ct. No. 10-6) … Continue reading

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Should Preambles “Count” – The Debate Continues

On September 13th, the Fed. Cir. reversed a summary determination of non-infringement which turned on the question of whether or not to give weight to a term that appeared only in the preamble of a claim to a prostate treatment … Continue reading

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