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Archive for the ‘Federal Circuit Decisions’ Category

Federal Circuit holds that Honeywell’s duplication of a previously-invented process does not qualify the company as “another inventor” under 35 U.S.C. § 102(g)(2) By Abby Lauer – Edited by Janet Freilich Solvay S.A. v. Honeywell Int’l, Inc., No. 2009-1161 (Fed. Cir. Oct. 13, 2010) Slip Opinion The Federal Circuit affirmed-in-part, reversed-in-part, and remanded the U.S. District Court for the District of Delaware, which had invalidated plaintiff Solvay’s patent on a process for making non-ozone-depleting refrigerant gas based on a finding ... Read More...
Posted On Oct - 19 - 2010 Comments Off READ FULL POST
Chippendales’ “Professional and Classy Sexy Fun” Deemed Not Inherently Distinctive. By Phillip Hill – Edited by Ian C. Wildgoose Brown In re Chippendales USA, Inc., Serial No. 78/666,598 (Fed. Cir. Oct. 1, 2010) Opinion On October 1, the United States Court for the Federal Circuit affirmed the Trademark Trial and Appeal Board, which ruled that Chippendales USA, Inc. could not register its “abbreviated tuxedo” costume, the “Cuffs & Collar,” as an inherently distinctive mark. The Court held that even though live adult entertainment typically involves “revealing and provocative” ... Read More...
Posted On Oct - 13 - 2010 Comments Off READ FULL POST
By Emily Hoort Attorneys General Demand Removal of Craigslist’s “Adult Services” Section ScrippsNews reports that attorneys general in at least 18 states have demanded that Craigslist remove its adult services section. A failure to comply with this request will likely lead to a court battle, with possible charges that Craigslist is aiding and abetting illegal activity. There may also be legislative action calling for reforms of the Digital Millennium Copyright Act and Communications Decency Act. These statutes generally protect websites, ... Read More...
Posted On Sep - 4 - 2010 Comments Off READ FULL POST
Federal Circuit Reverses Summary Judgment Finding Non-Infringement By Leocadie Welling – Edited by Jad Mills Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc., No. 2009-1556 (Fed. Cir. Aug. 18, 2010) Slip Opinion On August 18, 2010, the Federal Circuit reversed in part, affirmed in part, vacated in part, and remanded the decision of the United States District Court for the Southern District of Texas, which had granted summary judgment in favor of Maersk on issues of invalidity and ... Read More...
Posted On Aug - 27 - 2010 Comments Off READ FULL POST
Federal Circuit Reverses Noninfringement Declaratory Judgment, Dissent Takes on Gene Patentability By Chinh Vo – Edited by Anthony Kammer Intervet Inc. v. Merial Ltd., No. 2009-1568 (Fed. Cir. Aug. 4, 2010) Slip Opinion On August 4, 2010, the United States Court of Appeals for the Federal Circuit reversed and remanded the declaratory judgment of the United States District Court of the District of Columbia, which held that Intervet’s Porcine Circovirus vaccine (“PCV-2”) did not infringe Merial’s gene patent. The majority ... Read More...
Posted On Aug - 19 - 2010 Comments Off READ FULL POST
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