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Features
Recent decisions have assaulted continuations on several fronts. Because of a new requirement to rescind claim scope disclaimers, it will be easier to avoid infringement of continuations, and because of strengthening enablement and written description requirements, more continuations will be invalidated on those grounds and on prior art grounds when priority claims are more easily broken. Consequently, care should be taken in the preparation and prosecution of any patent application claiming priority to another application.
<i>In re TS Tech</i> and, to a lesser extent for patent cases, <i>In re Volkswagen of Am., Inc.</i>, have changed the landscape of ' 1404(a) cases in the Fifth Circuit. Patent cases that once would not have been transferred out of the Fifth Circuit may now be transferred based on <i>TS Tech.</i>
Features
Highlights of the latest intellectual property cases from around the country.
Recent decisions have begun to fill in the gaps left by <i>In re Seagate Technology, LLC.</i> They suggest that a competent opinion is still an effective defense to a willfulness charge, and that a jury may consider a defendant's failure to obtain an opinion when determining the defendant's intent for purposes of willfulness and inducement. Also, legitimate trial defenses may be sufficient to establish that a defendant's actions at the time of infringement were not "objectively reckless.
Highlights of the latest insurance cases from around the country.
An insured's alleged failure to cooperate will not often be a successful defense to coverage. Furthermore, even if the claim may have some merit, there must be substantial prejudice, something that an insurer typically cannot prove while the underlying lawsuit is pending.