Tag Archives: Amendment

Three Proposed USPTO Board Rules That Should Not Be Adopted

Please welcome Andrew Baluch as a new contributing author for PharmaPatentsBlog! There is a lot to like about the USPTO’s proposed rules for the new patent trial proceedings that the Patent Trial and Appeal Board (PTAB) will conduct under the America Invents Act (AIA). On the whole, the proposed rules released last month appear to … Continue reading this entry

Federal Circuit Explains Unforseeability Under Festo

In Duramed Pharmaceuticals, Inc. v. Paddock Laboratories, Inc., the Federal Circuit rejected Duramed’s arguments that prosecution history estoppel did not bar application of the doctrine of equivalents under Festo because the equivalent at issue was not foreseeable. In so doing, the Court illuminated the rather narrow applicability of the “unforeseeable” route to rebutting a presumption … Continue reading this entry