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Archive for the ‘Federal Circuit Decisions’ Category

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
D.C. Circuit Upholds FCC Ban on Exclusive Contracts in Multi-Dwelling Units By Andrew Jacobs – Edited by Ezra Pinsky Nat’l Cable & Telecomm. Association v. Fed. Commc’ns Comm’n, May 26, 2009, No. 08-1016 Slip opinion On May 26, 2009, the Court of Appeals for the District of Columbia Circuit upheld the Federal Communications Commission’s (“FCC”) ban on future and existing exclusivity agreements between cable companies and the owners of apartment buildings and multi-unit developments (“MUDs”). Writing for a unanimous court, ... Read More...
Posted On Jun - 5 - 2009 Comments Off READ FULL POST
By Aaron Dulles – Edited by Stephanie Weiner Epistar Corp. v. International Trade Commission, May 22 2009, No. 2007-1427 (slip opinion) (hosted by PatentlyO) On May 22, the Federal Circuit affirmed in part, reversed in part, and remanded an ITC decision in Philips Lumileds Lighting Company (Lumileds)’s infringement action against Epistar and the United Epitaxy Company (UEC). The ITC had held that Epistar infringed Lumileds’s US Patent no. 5,008,718, concerning certain types of light-emitting diodes (LEDs), and issued a Limited ... Read More...
Posted On Jun - 1 - 2009 Comments Off READ FULL POST
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
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