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Archive for the ‘Federal Circuit Decisions’ Category

Federal Circuit Finds Infringement Even After Product No Longer Meets Claim Limitations At Final Sale By Ezra Pinsky – Edited by Sarah Sorscher Gemtron Corp. v. Saint-Gobain Corp., No. 2009-1001 (Fed. Cir. July 20, 2009). Slip Opinion On July 20th, the United States Court of Appeals for the Federal Circuit affirmed a district court (Western District of Michigan) decision to grant a permanent injunction against Saint-Gobain because their refrigerator shelves infringed on Gemtron’s patent. The district court held that the ... Read More...
Posted On Jul - 26 - 2009 Comments Off READ FULL POST
Federal Circuit Holds Yellow Bean Patent Obvious and Invalid By Dmitriy Tishyevich – Edited by Jad Mills In re POD-NERS, L.L.C., July 10, 2009, No. 2008-1492 (nonprecedential) Slip Opinion On July 10, 2009 in a per curium decision, the Court of Appeals for the Federal Circuit affirmed the United States Patent and Trademark Office’s Board of Patent Appeals and Interferences (“Board”) decision invalidating the patent claims for a yellow bean of Mexican origin. The court held that the applicant failed ... Read More...
Posted On Jul - 19 - 2009 Comments Off READ FULL POST
Federal Circuit Finds No Federal Jurisdiction Over Patent Claim By Debbie Rosenbaum – Edited by Caitlyn Ross  Larson v. Correct Craft, June 5, 2009 No. 2008-1208 Opinion hosted by The United States Court of Appeals for the Federal Circuit On June 5, the Federal Circuit vacated the judgment of the district court in Larson v. Correct Craft and remanded with instructions to transfer the case back to state court based on lack of subject matter jurisdiction pursuant to 28 U.S.C. § 1338(a).  ... Read More...
Posted On Jun - 14 - 2009 Comments Off READ FULL POST
By Tyler Lacey Federal Prosecutors Launch New Attack Against Online Gamblers in the United States On June 9, the New York Times reported that federal prosecutors asked four American banks to freeze accounts containing money believed to be used for distributing winnings to online poker players. Wells Fargo, one of the contacted banks, received a court order requiring that the funds be frozen. Professor I. Nelson Rose of Whittier Law School described the move as “surprising” and as a “gamble” ... Read More...
Posted On Jun - 13 - 2009 Comments Off READ FULL POST
By Sarah Sorscher Supreme Court to Consider Business Method Patents Patently-O reports that the Supreme Court granted certiorari on Bilski v. Doll. The Court will address whether a patentable “process” must be tied to a particular machine or apparatus, or transform a particular article into a different state or thing. The Court will also consider whether this “machine-or-transformation” test, which effectively forecloses meaningful patent protection to many business methods, runs counter to the intent of Congress in enacting 35 U.S.C. ... Read More...
Posted On Jun - 6 - 2009 Comments Off READ FULL POST
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