Author: Jon Siderits, Associate Member, University of Cincinnati Law Review On January 20, 2015, the Supreme Court announced its decision in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., and did away with the Federal Circuit’s longstanding application of a purely de novo standard when reviewing a district court’s construction of a patent claim.[1] Specifically, the... Continue Reading →
Ohio Considers Joining the Fight Against Patent Trolls
Author: Jon Kelly, Associate Member, University of Cincinnati Law Review Patent trolls have become a serious headache for small businesses, and states are beginning to fight them without the federal government. The Ohio General Assembly is currently debating House Bill 573 (H.B. 573), which would allow patent holders to sue patent trolls for “bad faith”... Continue Reading →
Author: Kevin Tamm, Managing Editor, University of Cincinnati Law Review I. Distinguishing a Patent Over the Prior Art with Unexpected Synergistic Results The Federal Circuit and USPTO have set a high bar for an inventor to overcome a finding of obviousness in a patent application by using evidence of unexpected synergistic results. Synergy by itself... Continue Reading →