Drafting Clearer Patent Claims After Federal Circuit L’Oreal Ruling

The U.S. Court of Appeals for the Federal Circuit recently highlighted an important rule of patent claim construction: that claim limitations should be construed in a way that avoids rendering claim terms meaningless or superfluous.

Claim terms are presumed to have their ordinary and accustomed meaning based on the plain language of the claim. However, claim interpretation can be more complicated when a claim limitation has more than one possible construction.

On March 4, in Olaplex […]

By | March 9th, 2022 ||

Patent Owner Tip #5 For Surviving An Instituted IPR: The Right Expert Can Save Your Patent

The right expert can be the critical piece that saves the validity of your patent. Finding the right expert for a patent owner requires careful selection and due diligence. We previously detailed how your expert’s testimony can make or break your Patent Owner’s Response (“POR”). The following details what actions and considerations Patent Owners should take to locate and identify the best experts for testifying to the Board, which can be different considerations than those for […]

By | February 27th, 2022 ||

Considerations And Implications Of The Proposed Temporary Waiver Of COVID-19 Vaccine-Related Intellectual Property Rights

The Biden administration has indicated support for the temporary waiver of patent protections related to COVID-19 vaccine development.

In the United States, there are three COVID-19 vaccines that received emergency use authorization from the U.S. Food and Drug Administration. Millions of Americans are receiving vaccine dosages daily to inch the country closer toward herd immunity. Mass vaccination and achieving herd immunity would limit the ability of the virus to spread and develop further mutations that […]

By | February 20th, 2022 ||