IP Update, Vol. 14, No. 6, June 2011 - Part 1

Edited by Paul Devinsky and Rita Weeks

Patents

• Supreme Court Affirms Clear and Convincing Standard of Patent Invalidity Proof
• Actual Knowledge an Element of § 271(B) Inducement, but Willful Blindness Will Suffice
• Even Under Bayh-Dole, Employee Inventor Has First Dibs
• Federal Circuit Ratchets Up Materiality Requirement for Inequitable Conduct
• Rambus Encore: Duty to Preserve Documents for Litigation Clarified
• Analogous Art Must Address the Entire Problem Solved by the Patent
• For Infringement Purposes, Preamble Can Define a Limiting Environment Rather than a Claim Limitation
• Vendor's Economic Injury Is Insufficient to Establish DJ Jurisdiction, but Implicit Claim of Contributory Infringement Is Enough