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| W|N is a premiere intellectual property law firm with knowledgeable prosecutors, proven litigators, broad technical expertise, and a wealth of national and international experience. With a tight focus on intellectual property issues—combined with a broad diversity of experience in different scientific fields and industries—W|N is uniquely qualified to help you build and defend a strong intellectual property portfolio. | |
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W|N Focus Out of the Frying Pan and into the Fire – The Brave New World of Patent MarkingOut of the frying pan and into the fire. That is the reaction of many patent owners to the recent decision of the Court of Appeals for the Federal Circuit in The Forest Group, Inc. v. The Bon Tool Company, 590 F.3d 1295 (Fed Cir. 2009). Patent owners who make or sell articles covered by patents are required to mark those articles with the applicable patent numbers, or they may lose the ability to recover damages for infringement. On the other hand, under the Federal Circuit’s opinion in Forest, a patent owner who marks articles with patent numbers that do not cover the article can be tagged with potentially huge false marking penalties. The Forest opinion has not gone unnoticed. A new class of plaintiffs, the so-called "marking trolls" has launched a torrent of lawsuits, seeking to cash in on the Forest opportunity.  Pharmaceutical and Biotech Companies Win Important Federal Circuit RulingIn a recent decision, Prometheus Laboratories, Inc. v. Mayo Collaborative Services, 2008-1403 (Fed Cir. 2009) the Federal Circuit upheld as constituting patent eligible subject matter under 35 U.S.C. § 101 a diagnostic test that also involved treatment of a patient. The decision has important implications for pharmaceutical and biotechnology companies that sell diagnostic devices and methods. |
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