The granting of a patent has often been described as a bargain [1] between the government and the patentee. In exchange for the exclusive right [2] to make, construct, use…
Tag: validity
Re-litigating Patent Validity In Re Construction Equipment Company
Brian Chau is a JD candidate at Osgoode Hall Law School. A recent case, In Re Construction Equipment Company, came through the US Court of Appeals, Federal Circuit, which highlighted…
Process or Product? Recent Product-by-Process Case May Pose Problems for Innovators
The U.S. Court of Appeals for the Federal Circuit recently ended much of the controversy surrounding product-by-process claims in Abbott Laboratories v. Sandoz, Inc., but arguably created a new debate…