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Archive for the ‘Federal Circuit Decisions’ Category

Flash Digest: News In Brief
By Mengyi Wang

Protecting Dwindling Elephant Populations in Kenya: Google Earth, Drones, and Legislation

California Governor Vetoes State Electronic Privacy Bill

SeaChange Prevails in ARRIS Patent Dispute

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Posted On Oct - 21 - 2013 Comments Off READ FULL POST

Flash Digest: News in Brief
By Elise Young

Apple Prevails on Appeal, Re-Opening Door on Motorola Infringement Case

Bitcoin Is a Currency that May be Regulated Under U.S. Law

Federal Circuit’s Judge Plager Argues that Ambiguous Terms Should Be Construed Against the Drafter

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Posted On Sep - 3 - 2013 Comments Off READ FULL POST

Federal Circuit Continues Pushing Back the Vitiation Doctrine

The Charles Machine Works, Inc. v. Vermeer Manufacturing Co.
By Mengyi Wang – Edited by Kathleen McGuinness

The Federal Circuit vacated-in-part, affirmed-in-part, and reversed-in-part a lower court’s summary judgment of noninfringement as to Vermeer Manufacturing Company’s commercial products and non-commercial prototypes. The court also found that the doctrine of claim vitiation added no separate legal limitation to the doctrine of equivalents

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Posted On Aug - 8 - 2013 Comments Off READ FULL POST

USM Judgment Vacated: Tucker Act Forces Move of Trade Secrets Case to Court of Federal Claims

United States Marine Inc. v. United States
By Jonathan Sapp – Edited by Elise Young

The Federal Circuit affirmed the Fifth Circuit’s ruling, transferring a defense contractor’s trade secrets claim to the Court of Federal Claims. In affirming the Fifth Circuit ruling, the court determined that the plaintiff’s case was predicated on a breach of contract claim and relied on the Tucker Act, which gave the Court of Federal Claims exclusive jurisdiction.

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Posted On Jul - 29 - 2013 Comments Off READ FULL POST

PTO Reexamination Decision Can Eliminate Cause of Action in Concurrent Litigation

Fresenius USA, Inc. v. Baxter International, Inc.
By Simon Heimowitz ­– Edited by Jennifer Wong

The Federal Circuit held that a U.S. Patent and Trademark Office reexamination decision, which had invalidated a number of patent claims, had to be given effect in a concurrent infringement suit regarding kidney hemodialysis equipment, effectively leaving Baxter without a cause of action. It vacated and remanded with instructions to dismiss the judgment of the District Court for the Northern District of California against Fresenius.

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Posted On Jul - 19 - 2013 Comments Off READ FULL POST
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