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Archive for the ‘Federal Circuit Decisions’ Category

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
Supreme Court to Consider Civil Procedure Issues in Two Patent Cases By Marina Shvarts – Edited by Dorothy Du Hyatt v. Kappos, 625 F.3d 1320 (Fed. Cir. 2010) Petition for Writ of Certiorari hosted by scotusblog.com Caraco Pharm. Labs., Ltd. v. Novo Nordisk A/S, 601 F.3d 1359 (Fed. Cir. 2010) Petition for Writ of Certiorari hosted by scotusblog.com In Kappos v. Hyatt, the Court will consider whether a patent applicant who is seeking to overturn a Patent and Trademark Office (“PTO”) ... Read More...
Posted On Jul - 13 - 2011 Comments Off READ FULL POST
Federal Circuit Heightens Standard for Inequitable Conduct By Marina Shvarts – Edited by Dorothy Du Therasense, Inc. v. Becton, Dickinson and Co., 2008-1511, -1512, -1513, -1514, -1595 (Fed. Cir. May 25, 2011) (en banc) Slip Opinion The Court of Appeals for the Federal Circuit vacated and remanded the decision of the United States District Court for the Northern District of California, which found U.S. Patent No. 5,820,551 (“the ’551 patent”) unenforceable due to inequitable conduct. The Federal Circuit heightened the ... Read More...
Posted On May - 31 - 2011 Comments Off READ FULL POST
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By Henry Thomas – Edited by Paulius Jurcys USA FREEDOM Act ...