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Archive for the ‘Federal Circuit Decisions’ Category

Public Accessibility Prior to Patent By Stuart K. Tubis – Edited by Caity Ross In re Lister, No. 2009-1060 (Fed. Cir. Sept. 22, 2009) Slip Op. The United States Court of Appeals for the Federal Circuit, siding with Dr. Lister, vacated and remanded the Board of Patent Appeals and Interferences decision, which had affirmed an examiner’s rejection of Dr. Lister’s patent application under 35 U.S.C. § 102(b). The Federal Circuit held that the Board of Patent Appeals and Interferences erred ... Read More...
Posted On Oct - 6 - 2009 Comments Off READ FULL POST
The Federal Circuit Provides Protection to Medical Diagnostics By Brittany Blueitt – Edited by Caity Ross Prometheus Labs., Inc. v. Mayo Collaborative Servs., Case No. 2008-1403 (Fed. Cir. Sept. 16, 2009) The United States Court of Appeals for the Federal Circuit (“Federal Circuit”) reversed the ruling of the United States District Court for the Southern District of California granting summary judgment of invalidity of U.S. Patents 6,355,623 (“the ’623 patent”) and 6,680,302 (“the ’302 patent”) under 35 U.S.C. § 101. ... Read More...
Posted On Oct - 3 - 2009 Comments Off READ FULL POST
CAFC Requires a Clear and Convincing Intent to Deceive By Adrienne Baker – Edited by Stephanie Young In re Bose Corp., No. 2008-1448, 2009 WL 2709312 (Fed. Cir., Aug. 31, 2009). Opinion On August 31, the Court of Appeals for the Federal Circuit (“CAFC”) reversed and remanded the Trademark Trial and Appeal Board (“TTAB”) decision, which ruled that fraud is committed when a registrant or applicant makes material misrepresentations it knows or should have known to be false or misleading.  ... Read More...
Posted On Sep - 14 - 2009 Comments Off READ FULL POST
Martek Biosciences Corp. v. Nutrinova Inc. By Debbie Rosenbaum – Edited by Stephanie Young Martek Biosciences Corp. v. Nutrinova Inc., 2008-1459, -1476 (CAFC Sept. 3, 2009) Opinion On September 3, 2009, the Court of Appeals for the Federal Circuit affirmed the U.S. District Court for the District of Delaware’s jury verdict finding that Martek’s patents were valid and infringed, but reversed the points of error Martek asserted on cross appeal. The Federal Circuit (“CAFC”), sitting as an expanded five-member panel: 1) ... Read More...
Posted On Sep - 12 - 2009 Comments Off READ FULL POST
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
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