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Archive for the ‘Federal Circuit Decisions’ Category

An End to Business Methods Patents? By Anthony Kammer – Edited by Anna Lamut In re Bilski CAFC, October 30, 2008, No. 08/833,892 En Banc In re Bilski opinion Amicus Brief, En Banc Order, BPAI opinion  (hosted by Electronic Frontier Foundation) On October 30, 2008, an en banc panel of the Federal Circuit upheld a ruling by the Board of Patent Appeals and Interferences that a business method developed by Bernard Bilski and Rand Warsaw for hedging risks in commodities trading ... Read More...
Posted On Nov - 5 - 2008 3 Comments READ FULL POST
Federal Circuit Rejects Point of Novelty Test for Design Patent Infringement By Anna Lamut — Edited by Stephanie Weiner Egyptian Goddess v. Swisa CAFC, September 22, 2008, Slip Opinion The U.S. Court of Appeals for the Federal Circuit affirmed the decision of the District Court for the Northern District of Texas, which had granted summary judgment in favor of Swisa, Inc, finding that no jury could reasonably find Swisa’s nail-buffer design infringed Egyptian Goddess’s design patent. A panel of the ... Read More...
Posted On Sep - 27 - 2008 1 Comment READ FULL POST
Federal Circuit Affirms Economic Interest of Open Source Copyright Holder By Yelena Shagall – Edited by Evie Breithaupt Jacobsen v. Katzer Federal Circuit, August 13, 2008, No. 2008-1001 Slip Opinion On August 13, the Federal Circuit ruled that open source license terms can create enforceable copyright conditions.  In Jacobsen v. Katzer, the Federal Circuit addressed the Northern District of California’s rejection of Jacobsen’s motion for preliminary injunction against competitor Matthew Katzer and Kamind Associates, Inc (“Katzer/Kamind”) for infringement of the ... Read More...
Posted On Aug - 23 - 2008 1 Comment READ FULL POST
Federal Circuit Clarifies Patent Obviousness after KSR By Debbie Rosenbaum — Edited by Stephanie Weiner Eisai Co. v. Dr. Reddy’s Laboratories, Ltd. Federal Circuit, July 21, 2008, No. 2007-1397 Slip Opinion On July 21, the Federal Circuit affirmed the United States District Court for the Southern District of New York’s ruling in favor of plaintiff Eisai Co., holding that the patent-in-suit, U.S. Patent No. 5,045,552, was non-obvious and was not obtained through inequitable conduct. This case illustrates the Federal Circuit’s ... Read More...
Posted On Jul - 24 - 2008 Comments Off READ FULL POST
Federal Circuit Affirms Award of Attorney Fees for Inequitable Conduct and Litigation Misconduct By Christina Hayes — Edited by Stephanie Weiner Nilssen v. Osram Sylvania, Inc. Federal Circuit, June 17, 2008, No. 2007-1198 Slip Opinion The Federal Circuit affirmed the judgment of the U.S. District Court for the Northern District of Illinois granting a motion for attorney fees to Osram Sylvania, Inc. and Osram Sylvania Products, Inc. (collectively, “Osram”) due to the inequitable conduct and litigation misconduct of the appellants ... Read More...
Posted On Jun - 21 - 2008 Comments Off READ FULL POST
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