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Archive for the ‘Federal Circuit Decisions’ Category

Federal Circuit Distinguishes Provisional Applications from Foreign Filings for Prior Art Priority under 102(e) By Ian B. Brooks – Edited by Anthony Kammer In re Giacomini, No. 2009-1400 (Fed. Cir. July 7, 2010) Slip Opinion On July 7, 2010, the Court of Appeals for the Federal Circuit affirmed the Board of Patent Appeals and Interferences’ (“Board”) rejection of claims of U.S. Patent Application No. 09/725,737 as anticipated under 35 U.S.C. § 102(e), the so-called “secret prior art” provision.  The Federal ... Read More...
Posted On Jul - 21 - 2010 1 Comment READ FULL POST
Federal Circuit Holds that Solo’s Marking of Lids after Patent Expiration Did Not Violate False Marking Statute By Ian B. Brooks – Edited by Matt Gelfand Pequignot v. Solo Cup Co., No. 2009-1547 (Fed. Cir. June 10, 2010) Slip Opinion On June 10, 2010, the Federal Circuit affirmed the judgment of the U.S. District Court for the Eastern District of Virginia, which had entered summary judgment in favor of Solo for “false marking” related to Solo’s practice of marking expired ... Read More...
Posted On Jun - 14 - 2010 Comments Off READ FULL POST
Federal Circuit Chooses Absurdity Over Judicial Claim Redrafting By Chinh Vo – Edited by Jad Mills Haemonetics Corp. v. Baxter Healthcare Corp., No. 2009-1557 (Fed. Cir. June 2, 2010) Slip Opinion On June 2, 2010, the Court of Appeals for the Federal Circuit reversed the claim construction of the District Court for the District of Massachusetts and vacated a jury verdict in favor of the plaintiff in a patent infringement suit. Haemonetics Corp. (“Haemonetics”) had filed a patent infringement lawsuit ... Read More...
Posted On Jun - 6 - 2010 Comments Off READ FULL POST
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
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