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Archive for the ‘Federal Circuit Decisions’ Category

Kentucky District Court Latest to Grapple with Warrantless GPS Tracking after Jones By Sarah Jeong – Edited by Michael Hoven United States v. Lee, Criminal No. 11-65-ART (E.D. Ky., May 22, 2012) Slip opinion (hosted by TalkLeft) The U.S. District Court of Eastern Kentucky suppressed the discovery of 150 pounds of marijuana in the defendant’s possession, due to the placement of a warrantless GPS tracking device on his car. The search and arrest took place prior to United States v. Jones, ... Read More...
Posted On Jun - 3 - 2012 Comments Off READ FULL POST
Federal Circuit Holds that Apple May Have the Right to a Preliminary Injunction Against Samsung’s Tablet Computers By Jacob L. Rogers – Edited by Charlie Stiernberg Apple, Inc. v. Samsung Elecs. Co., No. 2012-1105 (Fed. Cir. May 14, 2012) Slip opinion The Federal Circuit affirmed in part, reversed in part, and remanded a decision by the Northern District of California, which had denied Apple a preliminary injunction against Samsung’s smartphones and tablet computers. The Federal Circuit held that the district ... Read More...
Posted On May - 26 - 2012 Comments Off READ FULL POST
Federal Circuit Declares Pharmaceutical Patents Unenforceable for Inequitable Conduct By Laura Fishwick – Edited by Jennifer Wong Aventis Pharma S.A. v. Hospira, Inc., No. 2011-1018, 2012 WL 1155716 (Fed. Cir. April 9, 2012). Slip Opinion The Court of Appeals for the Federal Circuit affirmed the U.S. District Court for the District of Delaware‘s holding that claim 5 of Aventis Pharma’s U.S. Patent No. 5,750,561 (filed August 4, 1993) (“the ‘561 patent”) and claim 7 of its U.S. Patent No. 5,714,512 ... Read More...
Posted On Apr - 14 - 2012 Comments Off READ FULL POST
Federal Circuit invites en banc review of broadening reissue jurisprudence By Jeffery Habenicht – Edited by Charlie Stiernberg In re Staats, No. 2010-1443 (Fed. Cir. Mar. 5, 2012) Slip opinion The Federal Circuit reversed the Board of Patent Appeals and Interferences’ (“Board”) decision to reject Staats’s reissue application and remanded for further proceedings. The Board had rejected Staats’s continuing reissue application because it was filed outside of the two-year time limit imposed by 35 U.S.C. § 251 and was not ... Read More...
Posted On Apr - 4 - 2012 Comments Off READ FULL POST
Federal Circuit Avoids §101 Analysis in Determining Patent Validity By Jacob Rogers – Edited by Lauren Henry MySpace, Inc. v. Graphon Corp., No. 2011-1149 (Fed. Cir. 2012) Slip opinion The Federal Circuit affirmed Northern District of California’s ruling on summary judgment that four of Graphon’s patents were invalid due to either lack of novelty or obviousness under 35 U.S.C. §102 and 35 U.S.C. §103, respectively. The district court found that these patents, which disclose a method for creating and searching ... Read More...
Posted On Mar - 13 - 2012 Comments Off READ FULL POST
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