Patent Protection for Processes: How Dippin’ Dots may make it more difficult to secure process patents after prior sales.

February 20, 2009 | By: Thomas F. Zuber and Spyros J. Lazaris

In Dippin’ Dots, Inc. v. Mosey, 476 F.3d 1337, (C.A.Fed. (Tex.), 2007), the Federal Circuit declared that the public sale of goods produced by a process more than one year before a patent is filed places that process not only in the Section 102(b) prior art, but also in the Section 103 prior art. The Federal Circuit thus made it much more difficult for inventors to obtain patents on any process related to such goods once they have been sold, no matter what efforts are taken to keep such process secret and undisclosed… » More...

Revisiting Markman-Cybor: Good Law But for How Long?

October 31, 2007 | By: Thomas F. Zuber

If the Federal Circuit’s recent opinions in Amgen Inc. v. Hoechst Marion Roussel, Inc., 469 F.3d 1039 (Fed. Cir. 2006), are any indication, the age of the Markman-Cybor regime may be coming to a close.  Eight of the twelve judges expressed their concerns about the current status of claim construction, making a grant of certiorari likely. » More...

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