Remove Construction Remove Laws Remove Manufacturing Remove Stare Decisis
article thumbnail

Atextual Conditions for Patentability and Stare Decisis

Patently O

However, the district court concluded that the prior art was not enabling — i.e., a person of skilled in the art would not be able to construct (or even design) the claimed invention without undue experimentation. A 1974 patent had disclosed use of a safety circuit and a braking-means. 2016 Decision ]. Bilski v. .” 35 U.S.C. §

article thumbnail

Justices to consider international reach of U.S. trademark law

SCOTUSBlog

Share On Tuesday, the Supreme Court will consider whether federal trademark law applies to trademark infringement that takes place outside the United States. The facts Hetronic, based in Oklahoma, manufactures and sells radio remote controls that operate heavy-duty construction equipment. In Abitron Austria GmbH v. It owns U.S.

article thumbnail

Preclusion; Customer Lawsuits; and the Kessler Doctrine

Patently O

Issue Preclusion (collateral estoppel) prevents a party from re-litigating an issue of fact or law that was already determined in a prior case. Kessler Doctrine is particular to patent law and falls somewhere in-between issue and claim preclusion–allowing preclusion in instances where it would not be traditionally available.