Patent Litigation Strategies Handbook, Third Edition, 2012 Cumulative Supplement

The 2012 Cumulative Supplement addresses recent developments and important topics including: Akamai Technologies v. Limelight Networks and McKesson Technologies v. Epic Systems, where the Federal Circuit held that liability is established if one party induced another to carry out one or more steps whether or not the multiple actors conducting the act of infringement have an agency relationship Kappos v. Hyatt, in which the Supreme Court held that there are no limitations on a patent applicant s ability to introduce new evidence in a §145 proceeding beyond those already present in the Federal Rules of Evidence and the Federal Rules of Civil Procedure Mayo v. Prometheus Laboratories, where the Supreme Court held that patent claims directed to methods of optimizing the dose of specific drugs used in the treatment of specific conditions are invalid under 35 U.S.C. §101 because they impermissibly claim laws of nature The Federal Circuit s interpretation of 35 USC §101 finding the diagnostic method claims based on comparing or analyzing DNA sequences are not patent-eligible, but the isolated DNA claims are patent-eligible, including those encompassing genomic DNA The Federal Circuit s en banc decision in Marine Polymer Technologies v. HemCon holding that intervening rights do not apply to claims that have not been amended in a reexamination and thus are not new In re MSTG, where the Federal Circuit held that settlement negotiations related to reasonable royalties and damage calculations are not protected by a settlement negotiation privilege and that a district court did not clearly abuse its discretion in ordering production of the settlement negotiation documents.