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Archive for the ‘Federal Circuit Decisions’ Category

Federal Circuit Resolves Split Regarding Product-by-Process Claims By Sharona Hakimi – Edited by Stephanie Weiner Abbott Laboratories v. Sandoz, Inc., May 18, 2009, No. 07-1400, -1406 Opinion (hosted by Patently-O) On May 18th the Court of Appeals for the Federal Circuit, sitting en banc, reconciled a long-standing conflict between two lines of cases determining the scope of product-by-process claims. The Federal Circuit affirmed the Atlantic Thermoplastics Co. v. Faytex Corp. rule that infringement of a product-by-process claim requires actually using ... Read More...
Posted On May - 30 - 2009 Comments Off READ FULL POST
Federal Circuit Addresses Patent Pools and Antitrust Violations By Sharona Hakimi – Edited by Chris Kulawik Princo Corp. v. International Trade Commission, April 20, 2009, No. 07-1386 Slip Opinion On April 20th, the Federal Circuit affirmed in part and vacated in part a decision by the International Trade Commission in a suit regarding a patent pool for the “Orange Book” technology used to produce recordable and rewritable CDs. At the ITC, Princo conceded that it violated six patents owned by ... Read More...
Posted On Apr - 30 - 2009 Comments Off READ FULL POST
Federal Circuit Equates Covenants Not to Sue for Patent Infringement with Unconditional Licenses By Debbie Rosenbaum – Edited by Evan Kubota TransCore, LP v. Electronic Transaction Consultants Corp., No. 2008-1430, April 8, 2009 Opinion On April 8, 2009, the United States Court of Appeals for the Federal Circuit affirmed a district court’s grant of summary judgment, which held that an unconditional “covenant not to sue” has the same effect as an unconditional “license” for purposes of patent exhaustion. In 2000, ... Read More...
Posted On Apr - 19 - 2009 Comments Off READ FULL POST
Federal Circuit Holds That Later-Developed Alternative Manufacturing Processes May Be “Patentably Distinct” from Their Related Products By Tyler Lacey – Edited by Evan Kubota Takeda Pharmaceutical Co. v. Doll, April 10, 2009, No. 2008-1131 Opinion On April 10th, the United States Court of Appeals for the Federal Circuit vacated and remanded the decision of the United States District Court for the District of Columbia, holding that manufacturing processes developed after a product is patented may be “patentably distinct” from their ... Read More...
Posted On Apr - 18 - 2009 Comments Off READ FULL POST
By Caity Ross British Web Tracking Tool Violates European Union Privacy Laws This Tuesday, the European Union issued a legal warning against Britain for not applying EU data privacy rules to Phorm, a new advertising technology that tracks the Web movements of internet users. BT, Britain’s largest service provider, used Phorm without its customers’ consent during 2006 and 2007. As reported in the New York Times, the European telecommunications commissioner stated that the “European privacy rules are crystal clear: a ... Read More...
Posted On Apr - 17 - 2009 Comments Off READ FULL POST
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