{"id":680,"date":"2009-09-23T22:36:48","date_gmt":"2009-09-24T04:36:48","guid":{"rendered":"http:\/\/www.717madisonplace.com\/?p=680"},"modified":"2009-09-23T22:37:14","modified_gmt":"2009-09-24T04:37:14","slug":"edwards-life-sciences-v-cook-inc","status":"publish","type":"post","link":"https:\/\/www.717madisonplace.com\/?p=680","title":{"rendered":"Edwards Life Sciences v. Cook, Inc."},"content":{"rendered":"

Edwards Life Sciences v. Cook, Inc.<\/span>\u00a0concerns\u00a0intraluminal grafts for use in treating aneurisms without open surgery.\u00a0 This case is instructive for patent attorneys on many levels.\u00a0 For example, takeaway patent drafting lessons are:<\/p>\n

1) Try to be clear when drafting an application\u00a0that more than a single embodiment is being disclosed in the application;<\/p>\n

2)\u00a0 Avoid use of the phrase “the present invention” or “the invention” lest it be used against you;<\/p>\n

3) Be aware that distinguishing prior art in the specification\u00a0can be used against you;<\/p>\n

4) Be aware that use of the abbreviation “i.e.” has the effect of defining a term rather than serving as an example.\u00a0 (An example\u00a0would instead be indicated by “e.g.”)<\/p>\n

These are not new lessons; but, when they occur in the same case, they can be\u00a0highly\u00a0instructive.<\/p>\n

Two issues from some of my earlier posts came up again in this oral argument.\u00a0 The first was Judge Rader inquiring of counsel as to how the invention was an advancement over the prior art.\u00a0[Listen<\/a>]\u00a0 He made the same inquiry in the oral argument of\u00a0Lydall\/Thermal Acoustical v. Federal Mogul Corp.<\/em><\/a>, as well.<\/p>\n

The second\u00a0issue was the focus by the judges on the language “present invention.”\u00a0 The written opinions in\u00a0“present invention” cases usually couple (1)\u00a0the fact that a single embodiment was disclosed in the specification\u00a0with (2) the applicant’s repeated use of the “present invention” language.\u00a0 However, when one listens to the oral arguments for these cases, it is the repeated use of the “present invention” language in the specification\u00a0that the judges emphasize in their questioning.\u00a0 You can listen to Judge Lourie [Listen<\/a>] and Judge Moore [Listen<\/a>] addressing this issue with appellant’s counsel.<\/p>\n

You can read the court’s opinion [Here<\/a>].<\/p>\n

You can listen to the entire oral argument [Here<\/a>].<\/p>\n","protected":false},"excerpt":{"rendered":"

Edwards Life Sciences v. Cook, Inc.\u00a0concerns\u00a0intraluminal grafts for use in treating aneurisms without open surgery.\u00a0 This case is instructive for patent attorneys on many levels.\u00a0 For example, takeaway patent drafting lessons are: 1) Try to be clear when drafting an application\u00a0that more than a single embodiment is being disclosed in the application; 2)\u00a0 Avoid use […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[],"_links":{"self":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/680"}],"collection":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=680"}],"version-history":[{"count":16,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/680\/revisions"}],"predecessor-version":[{"id":700,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=\/wp\/v2\/posts\/680\/revisions\/700"}],"wp:attachment":[{"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=680"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=680"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.717madisonplace.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=680"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}