Perspective
Jul. 1, 2009
Product-by-Process
A recent Federal Circuit case demonstrates that the U.S. Supreme Court has regained control of patent law in this country, write Greg Hasley and David Clonts.
By Greg Hasley and David Clonts
An inventor patents "compound X, obtained by process Y." A competitor makes "compound X by process Z." Is this infringement? Under a recent en banc Federal Circuit ruling, the answer is no - never. This ruling is significant because it resolves a long-standing conflict on the scope of product-by-process claims; and the court's reasoning demonstrates that the U.S. Supreme Court has regained control of...
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