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Archive for the ‘Federal Circuit Decisions’ Category

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
Ninth Circuit Vacates Injunction in Keyword Advertising Case By Kaethin Prizer – Edited by Kassity Liu Network Automation, Inc. v. Advanced Systems Concepts, Inc., No. 10-55840 (9th Cir. Mar. 8, 2011) Slip Opinion The Ninth Circuit vacated the preliminary injunction granted by the district court to Advance Systems Concepts (“Systems”) in a trademark infringement case involving the use of keyword advertising. The court found that the lower court erred in its analysis of whether Network Automation’s keyword advertising, which targeted ... Read More...
Posted On Mar - 15 - 2011 1 Comment READ FULL POST
Federal Circuit Throws out $1.67 Billion Jury Verdict for Lack of Written Description Centocor Ortho Biotech, Inc. v. Abbott Lab., No. 2010-1144 (Fed. Cir. Feb. 23, 2011) By Katie Booth – Edited by Chinh Vo Slip Opinion The Federal Circuit recently ruled that a district court erred when it declined to grant the motion of defendant Abbott Laboratories (“Abbott”) for JMOL that the plaintiff’s asserted patent claims were invalid. In so holding, the court set aside a jury verdict of ... Read More...
Posted On Mar - 3 - 2011 Comments Off READ FULL POST
Federal Circuit continues trend of interpreting “use” under §271(a) broadly By Philip Yen – Edited by Matthew Gelfand Centillion Data Systems, LLC v. Qwest Communications International, Inc., No. 2010-1110 (Fed. Cir. Jan. 20, 2011) Slip Opinion The Federal Circuit vacated an order of the United States District Court for the Southern District of Indiana, which had granted summary judgment of noninfringement in favor of Qwest on the grounds that neither Qwest nor its customers individually “practice[d] all of the limitations ... Read More...
Posted On Feb - 4 - 2011 Comments Off READ FULL POST
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