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Archive for the ‘Federal Circuit Decisions’ Category

Federal Circuit Continues to Evade Addressing Intra-Circuit Split Regarding Claim Construction By Katie Cohen – Edited by Albert Wang Retractable Technologies, Inc. v. Becton, Dickinson and Co., No. 2010-1402 (Fed. Cir. Oct. 31, 2011) Slip Opinion The Federal Circuit denied a petition for rehearing en banc of Retractable Technologies, Inc.’s patent infringement suit against Becton, Dickinson and Company. Notably, there were two dissents filed in the court’s decision. Judge Moore, joined by Chief Judge Rader, expressed frustration that, despite claim ... Read More...
Posted On Nov - 11 - 2011 Comments Off READ FULL POST
Federal Circuit Jettisons the Presumption of Irreparable Harm in Injunctive Relief By Charlie Stiernberg – Edited by Abby Lauer Robert Bosch LLC v. Pylon Mfg. Corp., No. 2011-1096 (Fed. Cir. Oct. 13, 2011) Slip Opinion The Federal Circuit reversed the United States District Court for the District of Delaware, which had denied plaintiff Bosch’s post-trial motion for a permanent injunction, and remanded the case with instructions to enter appropriate injunctive relief. Judge O’Malley, writing for a divided panel, held that the ... Read More...
Posted On Oct - 20 - 2011 Comments Off READ FULL POST
Federal Circuit Reverses Dismissal of Ultramercial Patent Infringement Claim By Amy Rossignol – Edited by Michael Hoven Ultramercial , LLC v. Hulu, LLC, No. 2010-1544 (Fed. Cir. Sept. 15, 2011) Slip Opinion The United States Court of Appeals for the Federal Circuit reversed and remanded the U.S. District Court for the Central District of California’s dismissal of Ultramercial’s patent infringement claim against Hulu, LLC and Wildtangent, Inc.. The District Court had found that U.S. Patent No. 7,346,545 did not claim ... Read More...
Posted On Oct - 2 - 2011 Comments Off READ FULL POST
Federal Circuit Invalidates Software Patent As Mere Mental Process By Albert Wang – Edited by Chinh Vo CyberSource Corporation v. Retail Decisions, Inc., No. 2009-1358 (Fed. Cir. August 16, 2011) Slip Opinion The Federal Circuit affirmed the United States District Court for the Northern District of California’s grant of summary judgment, agreeing that plaintiff CyberSource’s patents were invalid for ineligible subject matter under 35 U.S.C. § 101. Writing for a unanimous panel, Judge Dyk held that CyberSource’s method of verifying ... Read More...
Posted On Sep - 6 - 2011 Comments Off READ FULL POST
Federal Circuit Upholds Patentability Of Isolated Genes By Albert Wang – Edited by Kassity Liu Ass’n for Molecular Pathology v. USPTO, No. 2010-1406 (Fed. Cir. July 29, 2011) Slip Opinion The Federal Circuit reversed the United States District Court for the Southern District of New York on the issues of whether Myriad’s patent claims regarding the BRCA gene and BRCA screening were valid. The Circuit affirmed on the issues of standing and patentability of Myriad’s method of comparing DNA sequences. ... Read More...
Posted On Aug - 12 - 2011 Comments Off READ FULL POST
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