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You are here: Area of Law Intellectual Property Patents Patent Litigation King & Spalding: Intellectual Property Newsletter - December 2012

KingSpaldingLogoIntellectual Property Newsletter - December 2012

King & Spalding
December 27, 2012
12 pages

In this Issue:

News From the Bench

  • Clarification of the “Vitiation Test” when applying the Doctrine of Equivalents
  • The “Success More Likely Than Not” and “Ordinary Observer” Standards for a Preliminary Injunction in design patent infringement
  • eBay Revisited - A Normal Expectation of Injunction
  • Fed Circuit invalidates Intema patent under §101, but its reasoning highlights an inconsistency with the Supreme Court’s Prometheus decision
  • Apparently Obvious, But Not: When Secondary Considerations Become Primary
  • Hatch-Waxman’s Safe Harbor provision is not limited to Pre-approval Activity

PATENT Notes In This Issue: U.S. Patent Practice

  • When can Reissue be used to Cure Misconduct in Obtaining a Patent

Clean-Tech Bulletin

  • News from the Biofuels Front: Hard Lessons in Patent Drafting

Patent Litigation News