Since Merck & Co. v. Teva Pharmaceuticals, blocking patent arguments have arisen in the Federal Circuit primarily in the pharmaceutical patent context, and until now have largely been limited to undermining evidence of commercial success. But just like gremlins fed after midnight, this doctrine inevitably spawned unwanted offspring that are now wreaking havoc… Assuming that no one would ever develop a product that might infringe a patent is inconsistent with numerous Federal Circuit realities. It’s right up there with the Tooth Fairy (sorry, kids).
The post Expansion of the Blocking Patent Doctrine: Trading Logic for Gremlins appeared first on IPWatchdog.com | Patents & Patent Law.
Recent Posts
- What Fintiv v. PayPal Means for Software and AI Patent Practice
- Despite Tweaks, PREVAIL 2025 Would Still Transform the PTAB
- Patent Eligibility Reform Returns to the Hill: PERA 2025 Explained
- PayPal, Apple Succeed in Scrapping Fintiv’s Patent Claims at CAFC
- CAFC Affirms TTAB’s Genericness Test for Color Marks