This is case review discusses 1) standard of enablement and 2) standard for injunctions against future infringement. CASE OVERVIEW: Edwards Lifesciences (“Edwards”) sued defendants Corevalue for infringement of US patent No 5,411,552 (“’552 patent”). The 552 patent is directed towards a prosthetic device for a heart valve, where the valve is mounted on a stent [...]
OVERVIEW: This case deals with standards for direct infringement, joint infringement, and inducement when claims require multiple parties to perform actions. A representative independent claim of Tropp’s patent that he is alleging that Travel Sentry infringed upon is reproduced below. 1. A method of improving airline luggage inspection by a luggage screening entity, comprising: making [...]
OVERVIEW: Just in time for tomorrow’s election, an Austin patent attorney will review a recent patent case related with voter verification systems! Among other things, VOTER VERIFIED, INC v. PREMIER ELECTIONS discusses what type of materials qualifies as a “searchable printed publication" under 35 USC §102(b). The patent in question in this case was Reissue [...]
Overview: Microsoft was recently sued by Surfcast under the theory of patent infringement based on the new tile layout of window 8 devices. Below is one of the claims likely to be in question during litigation, and my initial thoughts as a patent attorney regarding the case. Representative claim: 1. A method executed by a [...]
The Box Innovations v. Travel Caddy 37 CFR § 1.27(a) defines what is a small entity according to the USPTO. Essentially, 37 CFR § 1.27(a) defines a small entity as individual or small business that has only transferred any of it patent rights to another party that is also a person, small business concern, or [...]
C. Human Impact of International Intellectual Property Law and Policy Although the main goal of the Medicines Act was to lower the price of AIDS medicine, the pharmaceutical industries, in the United States and Europe, complained that the act was too broad. [1]The act contained the specific language that “drug patent rights shall not extend [...]
B. PROBLEMS WITH ACCESS TO ANTIVIRIALS IN SOUTH AFRICA The traditional rational of intellectual property is that society benefits from inventors researching and developing new innovations which are shared with the public. [1] More specifically, the potential benefits of the South African intellectual property system is to increase foreign and domestic investment for research and [...]
II. IMPLICATIONS BECAUSE AFRICA IS STILL IN A STATE OF NATIONAL EMERGENCY Currently, the main goal of any act dealing with AIDS vaccinations is to provide access and affordable medicine to countries in need. One such country is South Africa. Obtaining antivirals in the South Africa can range from $750- $2000 annually. [1]Problems dealing with [...]
D. Stronger Intellectual Property protection through TRIPS-Plus Trade Agreements and FTAs As previously stated, developed nations, such as the United States, are in favor or stronger intellectual property rights. Whereas, developing nations, such as South Africa, are in favor of weaker intellectual property rights. This is due to the fact that developed nations profit from [...]
Parallel Importation As previously stated, parallel importation is another method that may be used to reduce antiviral prices in Africa. Parallel importation is the process by which the original licensed purchaser buys a product and correspondingly sells it to a non-licensed third party.[1] Because pharmaceutical companies sell drugs at different prices to different nation, parallel [...]