September 2014 Meeting of the BPLA IP Case Law Club

September 12, 2014

Boston Patent Law AssociationThe Boston Patent Law Association (BPLA) invited Susan Glovsky, Principal at Hamilton Brook Smith Reynolds, to be the discussion leader for the September 2014 Meeting of the BPLA IP Case Law Club. This meeting was held on Friday, September 12 from 8:15 - 9:30 a.m. at Elysium Digital LLC, 2 Oliver Street, Boston, Massachusetts.

 

BPLA Event Description

Caselaw discussed:

  • Bard Peripheral Vascular, Inc. v. W. L. Gore & Associates, Inc., slip op., No. 2010-1510 (Fed. Cir. June 14, 2012) (also published at 682 F.3d 1003)(reconsideration decision)

Bard v. Gore provides a fitting transition into September. As Judge Gajarsa describes in the February 12, 2012 decision, the saga “commenced in 1974 with the filing of the patent application that eventually matured as U.S. Patent No. 6,436,135.” The litigation includes an interference, a trial in Arizona District Court, an ongoing royalty (but not a compulsory license – see footnote 2 of the February 12, 2012 decision below), multiple trips to the Federal Circuit, inurement, inventorship, anticipation, deference due to the PTO, burden of proof for invalidity, review of denial of JMOL for obviousness, written description requirement, willfulness, enhanced damages, Newman dissent, and a decision on reconsideration vacating on willfulness.

The discussion began with the willfulness issue, as well as other aspects of the litigation.

Despite Judge Gajarsa’s prediction in the February 2012 decision (before reconsideration) that “this should be the final curtain of the saga,” the link below is to a recording of the oral argument that just took place in August 2014. Also provided is a link to the Federal Circuit’s decision of February 10, 2012.

Oral Argument in Bard v. Gore

Bard Peripheral Vascular, Inc. v. W. L. Gore & Associates, Inc., slip op., No. 2010-1510 (Fed. Cir. Feb. 10, 2012) (also published at 670 F.3d 1171)

 

For additional information, please visit the BPLA website.

 

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September 12, 2014

Boston Patent Law AssociationThe Boston Patent Law Association (BPLA) invited Susan Glovsky, Principal at Hamilton Brook Smith Reynolds, to be the discussion leader for the September 2014 Meeting of the BPLA IP Case Law Club. This meeting was held on Friday, September 12 from 8:15 - 9:30 a.m. at Elysium Digital LLC, 2 Oliver Street, Boston, Massachusetts.

 

BPLA Event Description

Caselaw discussed:

  • Bard Peripheral Vascular, Inc. v. W. L. Gore & Associates, Inc., slip op., No. 2010-1510 (Fed. Cir. June 14, 2012) (also published at 682 F.3d 1003)(reconsideration decision)

Bard v. Gore provides a fitting transition into September. As Judge Gajarsa describes in the February 12, 2012 decision, the saga “commenced in 1974 with the filing of the patent application that eventually matured as U.S. Patent No. 6,436,135.” The litigation includes an interference, a trial in Arizona District Court, an ongoing royalty (but not a compulsory license – see footnote 2 of the February 12, 2012 decision below), multiple trips to the Federal Circuit, inurement, inventorship, anticipation, deference due to the PTO, burden of proof for invalidity, review of denial of JMOL for obviousness, written description requirement, willfulness, enhanced damages, Newman dissent, and a decision on reconsideration vacating on willfulness.

The discussion began with the willfulness issue, as well as other aspects of the litigation.

Despite Judge Gajarsa’s prediction in the February 2012 decision (before reconsideration) that “this should be the final curtain of the saga,” the link below is to a recording of the oral argument that just took place in August 2014. Also provided is a link to the Federal Circuit’s decision of February 10, 2012.

Oral Argument in Bard v. Gore

Bard Peripheral Vascular, Inc. v. W. L. Gore & Associates, Inc., slip op., No. 2010-1510 (Fed. Cir. Feb. 10, 2012) (also published at 670 F.3d 1171)

 

For additional information, please visit the BPLA website.

 

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