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Archive for the ‘Federal Circuit Decisions’ Category

Federal Circuit Overturns Earlier Decision and Holds No Liability for Exporting Components of Method Patents By Evan Kubota – Edited by Sarah Sorscher Cardiac Pacemakers, Inc. v. St. Jude Medical, Inc., 2007-1296, -1347 (Fed. Cir. Aug. 19, 2009) Slip Opinion On August 19, 2009, the Court of Appeals for the Federal Circuit, sitting en banc, held that 35 U.S.C. § 271(f), a statute providing for liability for exporting components of patented inventions, does not apply to method patents. The ruling overturned ... Read More...
Posted On Aug - 27 - 2009 Comments Off READ FULL POST
Court of Appeals Vacates Obviousness Jury Verdict By Stephanie Weiner – Edited by Evelyn Breithaupt Callaway Golf Co. v. Acushnet Co., 2009-1076 (Fed. Cir. Aug. 14, 2009) Slip Opinion On August 14, 2009, the Court of Appeals for the Federal Circuit reversed the District Court for the District of Delaware’s order of summary judgment for the plaintiff on anticipation and vacated its entry of a jury verdict that a dependent claim was invalid for obviousness, but that the independent claim ... Read More...
Posted On Aug - 23 - 2009 Comments Off READ FULL POST
By Evan Kubota Microsoft, Yahoo, Amazon Join Opposition to Google Settlement The New York Times reports that Microsoft, Yahoo, and Amazon have joined library associations, nonprofits, and individuals in opposing the Google Books settlement in The Authors Guild v. Google. The settlement, which would allow Google to provide digital versions of millions of books, still requires court approval and remains the subject of a Department of Justice antitrust investigation. The opposition group, tentatively called the Open Book Alliance, will argue ... Read More...
Posted On Aug - 21 - 2009 Comments Off READ FULL POST
Federal Circuit Holds Blackboard Patent Claims Invalid for Indefiniteness and Failure to Disclose Sufficient Structure By Dmitriy Tishyevich – Edited by Amanda Rice Blackboard, Inc. v. Desire2Learn, Inc., No. 2008-1368, -1396 (Fed. Cir. July 27, 2009) Slip Opinion On July 27, 2009, the Court of Appeals for the Federal Circuit affirmed the United States District Court for the Eastern District of Texas’s partial summary judgment, holding that claims 1 through 35 of the patent were invalid for indefiniteness. However, the ... Read More...
Posted On Aug - 20 - 2009 Comments Off READ FULL POST
Bayer Schering Pharma v. Barr Labs By Aaron Dulles – Edited by Evelyn Breithaupt Bayer Schering Pharma AG and Bayer Healthcare Pharm., Inc. v. Barr Labs., Inc., No. 2008-1282 (Fed. Cir. Aug. 5, 2009) Slip Opinion On August 5, 2009, a Federal Circuit panel affirmed the decision of the District of New Jersey, which had found Bayer’s U.S. Patent No. 6,787,531 (“’531 Patent”) invalid because of obviousness. The ’531 Patent concerns a formulation of the well-known contraceptive drug drospirenone. The ... Read More...
Posted On Aug - 13 - 2009 Comments Off READ FULL POST
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By Henry Thomas – Edited by Paulius Jurcys USA FREEDOM Act ...