McRO, Inc., owns a U.S. patent on a method for animating faces in video games. Back in 2016, when McRO sued a number of video-game developers for patent infringement, the U.S. Court of Appeals for the Federal Circuit (CAFC) upheld the patent as subject-matter eligible. Now, the CAFC has again upheld the patent, this
35 USC 112
Yet Another Pharmaceutical Patent Falls Under the Scrutiny of 35 U.S.C. § 112
By Stephanie D. Scruggs on
Posted in 35 USC 112, Written Description
Last week, the Federal Circuit confirmed that Idenix Pharmaceuticals will not be the proud recipient of what was previously regarded as the largest damages award ever recorded in a U.S.
patent case. In fact, the majority’s opinion in Idenix Pharmaceuticals LLC v. Gilead Sciences Inc. not only affirmed the district court’s grant of judgment as…
The Risk of Using “Consisting Essentially of” in Patent Claims
By Stephanie D. Scruggs on
The legal meaning of the transition language “consisting essentially of” is well-established in Federal Circuit case law and is generally construed to mean that the composition or formulation (a) necessarily includes the listed ingredients and (b) is open to unlisted ingredients that do not materially affect the basic and novel properties of the composition. Similarly,…