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Archive for the ‘Federal Circuit Decisions’ Category

Distinguishing “Intellectual Property” from Trade Secrets in the Federal Circuit
By Paul Klein – Edited by Geng Chen

The Federal Circuit reversed and vacated a district court ruling holding Hauge in contempt of a court order enforcing a settlement agreement, which required Hauge to assign his former employer “all other intellectual property and other rights relating to pressure exchanger technology . . . .” The Federal Circuit found that Hauge had not violated the order by manufacturing and selling a similar exchanger, even if he used a proprietary manufacturing process in a manner that potentially violated patent or trade secret laws.

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Posted On Apr - 3 - 2014 Comments Off READ FULL POST

Federal Circuit Overturns Vederi v. Google — Google’s “Street View” Might Have Infringed Vederi’s Asserted Patents
By Jenny Choi – Edited by Ashish Bakshi

On March 14, 2014, the Federal Circuit reversed and vacated the United States District Court for the Central District of California’s decision entering summary judgment in favor of Google, Inc. The Federal Circuit held that “substantially elevation” covered both flat and spherical images, noting that it preferred claim construction based on intrinsic evidence and interpretation that “gives meaning to all the terms of the claim.”

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Posted On Mar - 25 - 2014 Comments Off READ FULL POST

Federal Circuit Limits the ITC’s Authority to Address Post-Importation Induced Infringement
By Mary Schnoor  – Edited by Mengyi Wang

In Suprema v. ITC, the Federal Circuit vacated and remanded the ITC’s finding of induced infringement of a method patent when direct infringement occurred only after the imported product, a fingerprint scanner, was combined with software by a customer within the United States. The Federal Circuit concluded that the ITC’s authority to block “articles that . . . infringe” only applies when the articles being barred directly infringe a U.S. patent at the time of importation.

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Posted On Mar - 18 - 2014 Comments Off READ FULL POST

Written Description Problems of the Monoclonal Antibody Patents after Centocor v. Abbott 

Written By: Hyeongsu Park - Edited By: Kendra Albert

The market for therapeutic antibodies is projected to reach hundreds of billion dollars within the next several years. In Centocor v. Abbott, the Court of Appeals for the Federal Circuit (“Federal Circuit”) held that a patentee cannot claim an antibody unless the specification describes it, even if he/she fully characterizes the antigen, and the court vacated a $1.67 billion jury verdict, the largest patent infringement award in U.S. history.

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Posted On Mar - 13 - 2014 Comments Off READ FULL POST

Deference to Plaintiff Trumps Convenience to Parties in Recent Transfer of Infringement Cases
By Insue Kim – Edited by Elise Young

The Federal Circuit upheld the transfer of venue of Elcommerce, from the Eastern District of Texas, emphasizing that there is “‘no requirement under § 1404(a) that a transferee court have jurisdiction over the plaintiff . . . [as long as] the transferee court ha[s] jurisdiction over the defendants in the transferred complaint.’” However, in Barnes & Noble and Apple, district court decisions to deny transfer were upheld on grounds that they were not “clearly and indisputably incorrect . . . .”

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Posted On Mar - 11 - 2014 Comments Off READ FULL POST
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