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Archive for the ‘Federal Circuit Decisions’ Category

Supreme Court Holds Liability for Induced Infringement of Method Patent Only if All Steps Attributable to One Person

By Kyle Pietari – Edited by Suzanne Van Arsdale

A unanimous Supreme Court reversed the Federal Circuit in holding that there can be no inducement liability without a statute-based direct infringement. This prevents liability for would-be infringers who collaboratively complete a claimed method, but neither completes every step.


Posted On Jun - 24 - 2014 Comments Off READ FULL POST

Specific Facts Supporting Indirect Infringement Required for Software Supplier to Obtain Declaratory Judgment Against Patentee Suing End Users
By Geng Chen – Edited by Ashish Bakshi

Microsoft Corp. v. DataTern, Inc., No. 13-1184 (Fed. Cir. Apr. 4, 2014)

The Federal Circuit held that Microsoft and SAP had standing to bring invalidity and noninfringement declaratory judgment actions against DataTern, based on DataTern’s previous lawsuits against those companies’ software customers for direct patent infringement, but only to the extent that those direct infringement claims also established a controversy on issues of contributory and induced infringement.


Posted On Apr - 19 - 2014 Comments Off READ FULL POST

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.


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.”


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.


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