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Archive for the ‘Federal Circuit Decisions’ Category

Second Patent Case in a Year Ordered Transferred from E.D. Texas By Stephanie Weiner – Edited by Jad Mills In re Hoffman-La Roche Inc., et al., No. 911 (Fed. Cir. Dec. 2, 2009) Slip Opinion On December 2, 2009, a Federal Circuit panel granted Hoffman-La Roche’s petition for a writ of mandamus ordering the District Court for the Eastern District of Texas to transfer a patent infringement suit brought by Novartis to the Eastern District of North Carolina.  The Federal ... Read More...
Posted On Dec - 7 - 2009 Comments Off READ FULL POST
Federal Circuit Affirms: Spam Patent is Obvious By Gary Pong – Edited by Jad Mills Perfect Web Technologies, Inc. v. InfoUSA, Inc., No. 2009-1105 (Fed. Cir. Dec. 2, 2009). Slip Opinion The Federal Circuit affirmed the Southern District of Florida’s decision granting summary judgment to invalidate plaintiff’s U.S. Patent No. 6,631,400 (“‘400 patent”) due to the obvious nature of the asserted claims under 35 U.S.C. § 103. The Federal Circuit held that the ‘400 patent failed the KSR test for ... Read More...
Posted On Dec - 6 - 2009 Comments Off READ FULL POST
Federal Circuit Affirms Muscle Supplement Patent Invalid as Anticipated by Prior Art Advertisement By Ian B. Brooks – Edited by Miriam Weiler Iovate Health Sciences, Inc. v. Bio-Engineered Supplements & Nutrition, Inc., No. 2009-1018 (Fed. Cir. November 19, 2009). Slip Opinion The Federal Circuit affirmed the District Court for the Eastern District of Texas decision invalidating Iovate Health Sciences’ U.S. Patent 6,100,287 (“’287”) as anticipated under 35 U.S.C. § 102(b). The Federal Circuit held that the advertisement for Iovate’s protein ... Read More...
Posted On Nov - 28 - 2009 Comments Off READ FULL POST
By Michelle Berger Chief Judge of Federal Circuit to Hang Up His Robes As Patently-O reports, Chief Judge Paul Michel of the Federal Circuit Court of Appeals announced on November 20 that he will be retiring from the bench on May 31, 2010. Judge Randall Rader will replace him as chief judge at that time. Throughout his tenure, Michel has been outspoken on patent issue and the role of the court in shaping patent policy. Although he will no longer ... Read More...
Posted On Nov - 24 - 2009 Comments Off READ FULL POST
Stanford University Patent Infringement Case Is Dismissed and University Learns Lesson in Drafting Assignment Agreements By Adrienne Baker – Edited by Anthony Kammer Bd. of Trs. v. Roche Molecular Sys., Inc., 2008-1509, -1510 (CAFC Sept. 30, 2009) Opinion On September 30, the Court of Appeals for the Federal Circuit (“CAFC”) affirmed in part, vacated in part, and remanded with instructions the District Court for the Northern District of California decision. The lower court’s decision held several Stanford University patents invalid ... Read More...
Posted On Oct - 12 - 2009 Comments Off READ FULL POST
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