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Archive for the ‘Federal Circuit Decisions’ Category

Federal Circuit Affirms Dismissal of Patent Infringement Suit on Grounds of Equitable Estoppel By Abby Lauer – Edited by Chinh Vo Aspex Eyewear, Inc. v. Clariti Eyewear, Inc., No. 2009-1147 (Fed. Cir. May 24, 2010) Slip opinion In a recent opinion, the Federal Circuit affirmed the U.S. District Court for the Southern District of New York, which had granted defendant Clariti’s summary judgment motion to dismiss a patent infringement lawsuit brought by plaintiff Aspex. The Federal Circuit held that Aspex’s ... Read More...
Posted On Jun - 2 - 2010 Comments Off READ FULL POST
By Emily Hoort Federal Circuit to Re-Consider TIVO Patent-Infringement Case Bloomberg BusinessWeek reports that the U.S. Court of Appeals for the Federal Circuit will be taking a second look at a previous panel decision holding that Dish and EchoStar were violating TiVo’s digital-video recording patent.  The court will consider whether it was error not to give Dish a chance to prove that changes made to Dish software remedied the prior infringement upon TiVo’s patent on “time warp” technology, which allows ... Read More...
Posted On May - 23 - 2010 Comments Off READ FULL POST
Federal Circuit Affirms Exclusion and Cease-and-Desist Orders against GPS Chipmaker By Gary Pong – Edited by Dmitriy Tishyevich SiRF Tech., Inc. v. ITC, Appeal 2009-1262 (Fed. Cir., Apr. 12, 2010). Slip Opinion The Federal Circuit affirmed a decision by the International Trade Commission (“ITC”), which found that SiRF Technology, Inc. (“SiRF”) violated 19 U.S.C. § 1337 by unlawfully importing and selling Global Positioning System (“GPS”) devices that infringed upon patents owned by Global Locate, Inc. and Broadcom Corp. (collectively, “Global ... Read More...
Posted On Apr - 19 - 2010 Comments Off READ FULL POST
Panel Criticizes Bilski Machine-or-Transformation Test By Kathryn Freund – Edited by Ryan Ward Editorial Policy On Thursday, April 1st, JOLT hosted a panel discussion at Harvard Law School on the impact of In Re Bilski, a 2008 en banc decision by the Court of Appeals for the Federal Circuit holding that the machine-or-transformation test is the proper method for determining patent-eligible subject matter. Digest previously covered the Bilski decision here. The case was appealed to the Supreme Court, which heard oral ... Read More...
Posted On Apr - 6 - 2010 1 Comment READ FULL POST
Federal Circuit Says Patent Preamble Not Limiting By Debbie Rosenbaum – Edited by Jad Mills Marrin v. Griffin, Appeal 2009-1031 (Fed. Cir., Mar. 22, 2010) Slip Opinion On March 22, 2010, the Federal Circuit affirmed the district court’s summary judgment that U.S. Patent No. 5,154,448, which related to a beverage cup scratch-off label, was invalid because it was anticipated under 35 U.S.C. § 102(b). Judge Dyk, writing for the majority held that the use recited in the preamble, namely that ... Read More...
Posted On Mar - 28 - 2010 Comments Off READ FULL POST
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