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ARTICLE · 01 JUNE 2011

IP Update, Vol. 14, No. 5, May 2011 - Part 1

McDermott Will & Emery
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A sharply divided panel of the U.S. Court of Appeals for the Federal Circuit, addressing the requirements for direct infringement if more than one party performs the steps of the patented method, ruled that the doctor-patient relationship was insufficient to show that the patient was acting under the direction or control of the doctor.

United StatesIntellectual Property
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Edited by Paul Devinsky and Rita Weeks

Patents

  • Joint (Direct) Infringement Still Requires Control ... But Stay Tuned
  • Federal Circuit Grants En Banc Rehearing in Akamai Joint Patent Infringement Decision
  • Common Sense Variation Is Unpatentable
  • Can "Within" Include "Without"?
  • Genetic Diagnosis Method Patents: Sufficient Written Description Versus the Risk of Anticipation
  • Specific Jurisdiction Rule in Patent D.J. Cases
  • Best Mode Lacking Where Disclosure "Leads Away" From Commercial Embodiment
  • Assignments Are Always Subject to Prior Licenses
  • Adding Only Dependent Claims Is Error Correctible By Reissue
  • Recapture Is Not Avoided by Merely Narrowing Aspects Unrelated to Surrendered Subject Matter

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