Fletcher YoderA reference that contains an obvious typographical error that would have been apparent to a person of ordinary skill in the art such that the person would disregard or correct the error does not disclose the subject matter contained in that error.
For pre-AIA patents, the courts will use the Duncan analysis to decide whether a reference is “by another” when determining whether publications are available as prior art references.
A promise to buy goods from a supplier separate from a patented invention can qualify as the requisite consideration for a valid contract to satisfy the “on-sale” condition, and pre- and post-installation testing clauses in an agreement may not be sufficient to qualify for the experimental use doctrine unless they evidence that the primary purpose of the sale was to conduct experimentation.
A federal agency is not a “person” eligible to petition for AIA post-issuance review.
The patentee has a right to defend its patent against cancellation by the USPTO even after expiration — and up to the six-year timeline for back-damages. Means-plus-function language can be interpreted as being directed to software if an algorithm is described in the specification and hardware is not fully described.