Federal Circuit Says Patent Preamble Not Limiting By Debbie Rosenbaum – Edited by Jad Mills Marrin v. Griffin, Appeal 2009-1031 (Fed. Cir., Mar. 22, 2010) Slip Opinion On March 22, 2010, the Federal Circuit affirmed the district court’s summary judgment that U.S. Patent No. 5,154,448, which related to a beverage cup scratch-off label, was invalid because it was anticipated under 35 U.S.C. § 102(b). Judge Dyk, writing for the majority held that the use recited in the preamble, namely that ... Read More...
Archive for March, 2010
By Davis Doherty GoDaddy Follows Google out of China On March 25, the Washington Post reported that GoDaddy.com would cease registering Chinese domain names in response to intrusive new regulations. The leading Internet registrar’s decision was spurred by concerns that the rules, requiring registrants to provide extensive personal information and photos, would strengthen China’s ability to censor its citizens. CNET reports that GoDaddy has also been the subject of an increasing number of cyber attacks based in China. Reuters provides ... Read More...
Federal Circuit Reaffirms Separate Written Description and Enablement Requirements for Patents By Tyler Lacey – Edited by Jad Mills Ariad Pharm., Inc. v. Eli Lilly & Co., Appeal 2008-1248 (Fed. Cir., Mar. 22, 2010) Slip Opinion The U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”), in a 9-2 en banc decision, affirmed a panel decision holding Ariad’s patent claims invalid for lack of written description. In so holding, the Federal Circuit reaffirmed that the first paragraph of 35 ... Read More...
By Kassity Liu Third Circuit Dismisses “Sexting” Charges Against Minor On March 18, the WSJ Law Blog reported that the Court of Appeals for the Third Circuit dismissed charges against a teenage girl for distributing sexually explicit images of herself. The court had originally stated that they would address whether the First Amendment protects minors from sending these types of images of themselves through their cells phones, but the court refused to consider this issue in the case. Instead, the ... Read More...
By Jyoti Uppuluri Public Battle Between Google and China Continues On March 12, Wired reported that the friction between Google and China over the censorship of search results and issues of cybersecurity is ongoing as Google keeps pushing for greater Internet freedom for users. China’s Minister of Information and Technology, Li Yizhong, told the press “Google has made its case, both publicly and privately,” and explained “[i]f you don’t respect Chinese laws, you are unfriendly and irresponsible, and the consequences ... Read More...
