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Archive for the ‘Federal Circuit Decisions’ Category

Federal Circuit Reverses and Remands District Court Ruling in Obviousness-type Double Patenting Case By Kassity Liu – Edited by Joey Seiler Boehringer Ingelheim Int’l. v. Barr Laboratories, Inc., No. 2009-1032 (Fed. Cir. 2010). Opinion The Federal Circuit reversed and remanded the District Court for the District of Delaware, which had ruled that U.S. Patent No. 4,866,812, owned by the appellant Boehringer, was invalid because Boehringer’s terminal disclaimer did not overcome obviousness-type double patenting with respect to an earlier expired patent, ... Read More...
Posted On Jan - 31 - 2010 1 Comment READ FULL POST
Federal Circuit Affirms TTAB’s Refusal of South Carolina Baseball Logo Registration By Harry Zhou – Edited by Davis Doherty Univ. of S. Carolina v. Univ. of S. Cal., No. 2009-1064 (Fed. Cir. Jan. 19, 2010). Slip Opinion In a nonprecedential ruling, the Federal Circuit affirmed a decision by the Trademark Trial and Appeals Board (“TTAB”) refusing the appellant’s (“South Carolina’s”) registration of its Carolina Baseball Logo mark and granting summary judgment against the appellant on its counterclaim for cancellation of ... Read More...
Posted On Jan - 24 - 2010 Comments Off READ FULL POST
Federal Circuit Vacates Lower Court Ruling in Elevator Patent Case By: Helen (Ye) He – edited by Davis Doherty Schindler Elevator Corp. v. Otis Elevator Co., No. 2009-1146 (Fed. Cir. Jan. 15, 2010) Slip opinion The Federal Circuit vacated the District Court for the Southern District of New York’s grant of summary judgment of noninfringement in favor of Defendant Otis Elevator.  The Federal Circuit concluded that the district court constructed Schindler Elevator’s patent claims too narrowly by construing the terms ... Read More...
Posted On Jan - 24 - 2010 Comments Off READ FULL POST
Federal Circuit Rules Against PTO’s Interpretation of Patent Term Adjustments By Gary Pong – Edited by Dmitriy Tishyevich Wyeth and Elan Pharma Int’l Ltd. v. Kappos, No. 2009-1120 (Fed. Cir. Jan. 7, 2010). Slip Opinion The Federal Circuit affirmed the District Court for the District of Columbia, which had granted summary judgment for the plaintiffs, and held that they were “entitled to extended patent term adjustments under 35 U.S.C. § 154(b) due to the Patent and Trademark Office’s (“PTO’s”) delay ... Read More...
Posted On Jan - 14 - 2010 Comments Off READ FULL POST
By Kassity Liu JD ’12 Edited by Joey Seiler Editorial Policy On October 6, 2009, Eolas Technologies Inc., a research and development company specializing in web solutions, filed a federal lawsuit in the Eastern District of Texas against 23 prominent companies in the software and Internet industry. Eolas claims that these companies are infringing two of its patents, U.S. Patent No. 5,838,906 (’906 Patent) and U.S. Patent No. 7,599,985 (’985 Patent). These two patents cover technology that enables websites to ... Read More...
Posted On Jan - 3 - 2010 Comments Off READ FULL POST
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