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Archive for the ‘Federal Circuit Decisions’ Category

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
Federal Circuit Clarifies Recovery for Lost Profits, Non-Exclusive Licensees: Parent Company Denied Recovery for Lost Profits of Subsidiary By Jeff Gritton — Edited by Joshua Gruenspecht Mars, Inc. v. Coin Acceptors, Inc. Federal Circuit, June 2, 2008, No. 2007-1409 Slip Opinion The Federal Circuit affirmed in part and vacated in part the District Court of New Jersey and remanded for recalculation of damages in a patent infringement suit. The court affirmed the district court’s holding precluding Mars Inc. (“Mars”) from ... Read More...
Posted On Jun - 9 - 2008 Comments Off READ FULL POST
Federal Circuit Holds that Automatic Assignment of Employee Rights May Foreclose Certain Defenses By Sarah Sorscher — Edited by David Lawson DDB Technologies, L.L.C. v. Major League Baseball Advanced Media, L.P. Federal Circuit, February 13, 2008, No. 2007-1211 Slip Opinion On February 13, the Federal Circuit affirmed in part, vacated in part and remanded for further discovery a decision of the District Court for the Western District of Texas related to employee assignment of patent rights. The court affirmed the ... Read More...
Posted On Feb - 17 - 2008 Comments Off READ FULL POST
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By Henry Thomas – Edited by Paulius Jurcys USA FREEDOM Act ...