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Charles Mirho

Senior IP Counsel

Laura Lee Norris

Corporate General Counsel

Janina Malone

FSP LLC

P.O. Box 890
Vancouver, WA 98666-0890

E-mail: patents@fspllc.com
Phone: 360-737-1748
Fax: 360-294-6426

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	Indefiniteness, Use of "Substantially" Friday, May 14, 2010 A claim cannot be both indefinite and anticipated. A determination that a claim is anticipated involves a two-step (more...)

	Indefiniteness, Use of Relative Terms, Obviousness (must rationalize how references work together) Friday, May 14, 2010 We review claim construction de novo. See Ball Aerosol & Specialty Container, Inc. v. Ltd Brands, Inc., 555 F.3d 984, (more...)

	Claim Construction, Secondary Considerations of Obviousness, Incorporation by Reference, Inequitable Conduct Friday, May 14, 2010 This court reviews claim construction without deference. Cybor Corp. v. FAS Techs., Inc., 138 F.3d 1448, 1456 (Fed. (more...)

	Inventorship, Interference Friday, May 14, 2010 Validity and enforceability present sufficiently substantial questions of federal patent law to support jurisdiction (more...)

	Patent Ownership, Assignment Monday, March 01, 2010 A plaintiff generally has the burden of proving standing to sue. Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 (more...)

	Collateral Estoppel, Claim Construction (same for Validity and Infringement), Indefiniteness, "Standard" as a Claim Term Monday, March 01, 2010 SST argues that LendingTree is estopped from relying on the bricks and mortar prior art for failure to raise it in a (more...)

	Means Function Claims, Expert Opinions, Specificity Needed In Alleging Infringement Monday, March 01, 2010 For a means-plus-function claim term, the term literally covers an accused device if the relevant structure in the (more...)

	Declaratory Judgment Jurisdiction, Patent Holding Company Monday, March 01, 2010 Note: The judge weighed Acceleron's status as a patent holding company as a factor in deciding if DJ jurisdiction (more...)

	Obviousness, KSR applied, Examiner Knowledge In Lieu of References Monday, March 01, 2010 In KSR, the Court offered guidance that has now been cited repeatedly: When there is a design need or market (more...)

	Laches, Indefiniteness, Typos in Claims Monday, March 01, 2010 To prevail on a defense of laches, CTS must prove two elements: (1) Plaintiffs delayed filing suit for an unreasonable (more...)

	False Marking, 35 U.S.C. 292 Friday, February 26, 2010 I. False Marking--Knowledge The two elements of a §292 false marking claim are (1) marking an unpatented article (more...)

	Design Patent Infringement, Design Patent Anticipation, Design Patent Obviousness, 35 U.S.C. 171 Friday, February 26, 2010 Egyptian Goddess, Inc. v. Swisa, Inc., 543 F.3d 665 (Fed. Cir. 2008) (en banc), changed the test for infringement. In (more...)

	NEW EPO RULES FOR DIVISIQNALS EPO Rules regarding divisional applications coming into force on April 1, 2010 Sunday, February 07, 2010 The new rules introduce a fixed and non-extendable deadline of 24 months for filing divisionals, which is triggered by (more...)

	Markel Enterprises LLC Sunday, December 20, 2009 Markel Enterprises LLC provides product design and engineering services and China sourcing and manufacturing using (more...)

	PRIORITY RIGHTS IN UK AND EPO APPLICATIONS Monday, December 07, 2009 A recent UK High Court decision (Edwards v Cook) may have ramifications for any IP right pursued in the UK or Europe (more...)

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