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Archive for the ‘Federal Circuit Decisions’ Category

Federal Circuit Provides Guidance for Obviousness Determinations by the PTO and the Board of Patent Appeals and Interferences By Abby Lauer – Edited by Dorothy Du In re Kao, 2010-1307 (Fed. Cir. May 13, 2011) Slip Opinion The Federal Circuit vacated and remanded a decision of the Board of Patent Appeals and Interferences (“Board”), which had rejected patent application 11/680,432 (“the ‘432 application”) for obviousness. The Federal Circuit also affirmed findings of obviousness by the Board regarding patent applications 12/167,859 ... Read More...
Posted On May - 31 - 2011 Comments Off READ FULL POST
Federal Circuit Ruling in Favor of TiVo Against EchoStar Changes Test for Reviewing Contempt Orders By Dorothy Du – Edited by Matt Gelfand TiVo Inc. v. EchoStar Corp., 2009-1374 (Fed. Cir. April 20, 2011) (en banc) Slip Opinion The Court of Appeals for the Federal Circuit affirmed in part and vacated in part the decision of the District Court for the Eastern District of Texas, which had found the appellants (collectively “EchoStar”) in contempt of two provisions of the court’s ... Read More...
Posted On May - 21 - 2011 1 Comment READ FULL POST
Federal Circuit Hears Oral Arguments for Myriad Gene Patent Case By Elina Saviharju – Edited by Esther Kang Ass’n for Molecular Pathology v. USPTO, No. 2010-1406 (Fed. Cir. Apr. 4, 2011) Oral Argument Recording The Court of Appeals for the Federal Circuit heard oral arguments on April 4, 2011, for Ass’n for Molecular Pathology v. USPTO. The court focused on the issues of jurisdiction and patent-eligible subject matter under 35 U.S.C. §101, although it also briefly addressed the nature of ... Read More...
Posted On Apr - 14 - 2011 Comments Off READ FULL POST
Federal Circuit Rules Federal Law Trumps State Law in Interpretation of Patent Ownership Rights By Flora Amwayi – Edited by Jonathan Allred Abraxis Bioscience, Inc. v. Navinta LLC, 2009-1539, 2011 WL 873298 (Fed. Cir. Mar. 14, 2011) Slip Opinion The Federal Circuit denied a petition for an en banc rehearing of a Federal Circuit panel order dismissing Abraxis’ patent infringement case against Navinta. The court dismissed the case on the grounds that Abraxis did not have standing to sue for ... Read More...
Posted On Mar - 28 - 2011 Comments Off READ FULL POST
Federal Circuit Requires Pleading with Particularity in False Marking Lawsuit By Raquel Acosta – Edited by Jonathan Allred In re BP Lubricants USA Inc., No. 960 (Fed. Cir. March 15, 2011) Slip Opinion The U.S. Court of Appeals for the Federal Circuit granted in part the petition for a writ of mandamus filed by BP Lubricants USA Inc. (“BP”), reversing in part the District Court for the Northern District of Illinois, which had denied BP’s motion to dismiss on the ... Read More...
Posted On Mar - 23 - 2011 Comments Off READ FULL POST
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