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ARTICLE · 04 MAY 2011

IP Update, Vol. 14, No. 4, April 2011 (Part 1)

McDermott Will & Emery
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A unanimous U.S. Court of Appeals for the Federal Circuit revised the two-step test set forth in KMS Fastening Systems for determining when a contempt order is appropriate for an alleged violation of an injunction by a modified product.

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Edited by Paul Devinsky and Rita Weeks

Patents

Sanctions May Be Awarded for Violation of Injunction, Even Absent Infringement

Split Within Federal Circuit On Preemption In Ownership Disputes

PTO's Prima Facia Case

alse Marking Claims Must Be Pled with Specificity as to Intent

 Judicial Economy Is Not a Trump Factor in Deciding Transfer Motions

Claim Construction: Too Much Structure Will Spoil the Brew

 "Exceptional" in §285 Really Means Exceptional

Specification Must Sufficiently Describe Claimed Invention to Show Possession of Claimed Subject Matter

 You Cannot "Game" the Appellate System by Filing a "Protective" Cross-Appeal

Laser Board Game May Be Obvious Based on Laser Computer Game

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