obvIPat - Obviously Patentable

The blog for inventors, in-house counsel, & entrepreneurs.

Archive for October, 2010

If at First You Don’t Succeed, Try Again: Lexmark and Refilling Cartridges

by Orlando Lopez

Consumables have large profit margins, which gives rise to the old adage “give away the razor to sell razor blades.” The large profit margin provides impetus for companies to try to prevent the recycling and redistributing of their consumable products.  About seven years ago, Lexmark attempted to stop the refilling and redistribution of their printer cartridges by including a computer chip and program in each cartridge.  Read the rest of this entry »

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CAFC Weekly: October 22, 2010

by Orlando Lopez

There were no precedential opinions this week.

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CAFC Weekly: October 15, 2010

by Orlando Lopez

In the only precedential opinion of this week, Solvay v. Honeywell, the CAFC presented the interpretation of 35 USC 102 (g), providing an opinion that will be useful in teaching patent law.  35 USC 102(g)(2) states that “A person shall be entitled to a patent unless, before such person’s invention thereof, the invention was made in this country by another inventor who had not abandoned, suppressed, or concealed it.” Read the rest of this entry »

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CAFC Weekly: October 8, 2010

by Orlando Lopez

In the only precedential opinion this week, Teva Pharmaceuticals USA, Inc. v. Eisai Co, the CAFC considered a dismissal of a declaratory judgment action.  Eisai owns five patents for donepezil hydrochloride (“donepezil’), an approved treatment for Alzheimer’s disease.  Teva had filed an ANDA (Abbreviated New Drug Application) for a form of donepezil covered by four of the five patents.  Read the rest of this entry »

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How Long Does It Take To Get A Patent?

by Bruce Jobse

Just how long does it take to get a US patent given the USPTO’s current level of performance?  Last month the USPTO showed its report card publicly via a new Data Visualization Center website and it appears that there is plenty of opportunity for improvement.  We’ve listed some of the more problematic subjects and the respective performance metrics below:

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