DDR Holdings, LLC v. Priceline.com LLC, Booking.com B.V.
The use of a term in an earlier application does not reinstate the term in a later application if the term is purposely deleted, even if the earlier application is incorporated by reference.
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The use of a term in an earlier application does not reinstate the term in a later application if the term is purposely deleted, even if the earlier application is incorporated by reference.
A lead compound analysis is not required to determine that a chemical composition is obvious. An inherent property of an otherwise obvious chemical composition is not patentable.
A private sale of a product embodying an invention does not meet the public disclosure requirement under 35 U.S.C. § 102(b)(2)(B) to disqualify otherwise applicable prior art.
When drafting the specification for a patent application directed towards improving computer technology, one should include details of how a computer-implemented technological improvement is incorporated onto the computer. Otherwise a court may find that the invention is conventional and therefore ineligible.
A patentee’s pre-filing sale of an unpatented product made according to a secret process triggers the on-sale bar to patentability of the process.
A patent holder can satisfy the economic prong of the domestic industry requirement of 19 U.S.C. § 1337 based on research and development relating to only a subset of domestic industry products.
Disclosure of a prior art reference to the PTO, when that reference is mischaracterized during prosecution, is insufficient to protect a patentee from a finding of materiality of that reference with respect to inequitable conduct.
New evidence outside the administrative record is allowed to be introduced in § 145 proceedings. The district must review the evidence under the de novo standard of review and can consider whether the applicant had an opportunity to present that evidence before the Board when deciding what weight to afford the evidence.
Claims are patent eligible subject matter if the claims are directed to a specific means or method to improve the relevant technology, rather than a result or effect that itself is an abstract idea.
Public display of an invention, in which the invention’s intended use is as ornamentation, more than a year before the filing of a patent constitutes a public use under pre-AIA guidelines.