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Archive for the ‘Federal Circuit Decisions’ Category

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
­­The U.S. Government’s View on Gene Patentability Likely Changed By Harry Zhou — Edited by Matt Gelfand Brief for the United States as Amicus Curiae Supporting Neither Party, Association for Molecular Pathology v. USPTO, No. 10-1406 (Fed. Cir.) Brief hosted by the New York Times On October 29, the U.S. Department of Justice (“DOJ”) filed an amicus curiae brief in the U.S. District Court for the Federal Circuit in Association for Molecular Pathology v. USPTO, No. 10-1406. In its brief, the ... Read More...
Posted On Nov - 12 - 2010 Comments Off READ FULL POST
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
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