Ajinomoto Delaware Litigation Heads Toward Victory with Patent Owner's Asserted Claims Found Indefinite In Claim Construction Ruling
Recently Judge Mitchell S. Goldberg for the U.S. District Court for the District of Delaware approved and adopted Magistrate Judge Lloret's Markman decision in its entirety, finding Plaintiff Kyowa Hakko Bio Co.'s (KHB) asserted patent claims invalid as indefinite. KHB had asserted infringement of its U.S. Patent RE45,723 allegedly covering an Ajinomoto process for manufacturing glutamic acid commonly used as an additive in food products.
RCE/National Stage Kerfuffle: PTO Creates a Nightmare Scenario
Much has been written lately about the USPTO's recent enforcement of its controversial interpretation of filing Requests for Continued Examination (RCE) in National Stage applications (i.e., applications under 35 U.S.C. §371) where the oath/declaration was not filed prior to filing the RCE. This post will not address the legal merits of the USPTO's position.
Oblon's Patent Prosecution practice and partners from the firm's Chemical, Electrical & Mechanical and Litigation practices have received top national rankings in the 2019 edition of IAM Patent 1000: The World's Leading Patent Professionals.