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Archive for the ‘Federal Circuit Decisions’ Category

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
Federal Appeals Court Affirms the Denial of A123’s Motion to Reopen By Stuart K. Tubis – Edited by Janet Freilich A123 Systems, Inc. v. Hydro-Quebec, No. 2010-1059 (Fed. Cir. Nov. 10,  2010) Slip Opinion The U.S. Court of Appeals for the Federal Circuit affirmed the judgment of the U.S. District Court for the District of Massachusetts, which had denied A123’s motion to reopen and dismissed the court’s declaratory judgment against Hydro-Quebec (“HQ”). The Federal Circuit addressed three major issues in ... Read More...
Posted On Dec - 2 - 2010 Comments Off READ FULL POST
USPTO Patent Denial Lawsuits Subject to FRE and FRCP By Harry Zhou – Edited by Ian C. Wildgoose Brown Hyatt v. Kappos, No. 07-1066 (Fed. Cir. Nov. 8, 2010) (en banc) Slip Opinion The U.S. Court of Appeals for the Federal Circuit, sitting en banc, vacated and remanded the decision of the U.S. District Court for the District of Columbia, which had ruled that a patent applicant is barred from introducing new facts into evidence in a civil action against the United States Patent and Trademark Office (“USPTO”) brought ... Read More...
Posted On Nov - 23 - 2010 Comments Off READ FULL POST
Federal Circuit rules that prosecution laches requires evidence of prejudice By Jonathan Allred – Edited by Elizabeth Akerman Cancer Research Technology Ltd. v. Barr Laboratories, Inc., No. 2010-1204 (Fed. Cir. Nov. 9, 2010) Slip Opinion The Federal Circuit overturned the District Court of Delaware, which had ruled that the plaintiff’s patent was unenforceable for prosecution laches, and, in the alternative, invalid for inequitable conduct. Prosecution laches is an equitable defense to infringement when the plaintiff has delayed the prosecution of ... Read More...
Posted On Nov - 17 - 2010 Comments Off READ FULL POST
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