A student-run resource for reliable reports on the latest law and technology news

Archive for the ‘Federal Circuit Decisions’ Category

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.

Read More...

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.

Read More...

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

Routine High-Throughput Screening is Undue Experimentation, Federal Circuit Holds

Wyeth v. Abbott Labs
By Kathleen McGuinness – Edited by Alex Shank

The Federal Circuit upheld the invalidity of patents claiming the use of rapamycin to treat restenosis, the renarrowing of an artery following angioplasty. The court held that “routine experimentation” to discover species of compounds within a claimed genus could constitute “undue experimentation,” since the discovery may require screening tens of thousands of compounds without any guidance from the patent.

Read More...

Posted On Jul - 5 - 2013 Comments Off READ FULL POST

Flash Digest: News in Brief
By Alex Shank

Federal Circuit Holds that Good-Faith Belief in Invalidity May Disprove Intent to Induce Infringement

Pandora Contends that Michigan Privacy Law Does Not Apply to Streamed Music

Chinese Wind Turbine Company Indicted on Misappropriation of U.S. Company’s Trade Secrets

Read More...

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

Flash Digest: News in Brief
By Kathleen McGuinness

Google News Becomes Opt-In in Germany

Federal Circuit Rules that Software Patent Is Not an “Abstract Idea”

Tokyo Court Rules for Apple, Against Samsung in Bounce-Back Patent Dispute

Read More...

Posted On Jun - 22 - 2013 Comments Off READ FULL POST
  • RSS
  • Facebook
  • Twitter
  • GooglePlay
Television

District Court Holds

By Anne Woodworth – Edited by Henry Thomas Order: Fox Television ...

Neiman Marcus

Data Breach Victims,

By Brittany Doyle – Edited by Ariane Moss Remijas v. Neiman ...

Magnifying Glass

How Far Can Law Enfo

By Kasey Wang – Edited by Ariane Moss State v. Rindfleisch, ...

Russia & China Cropped

Russia’s “Right

By Brittany Doyle - Edited by Ken Winterbottom The legislatures in ...

Avvo Logo Cropped

Washington Appeals C

By Leonidas Angelakos – Edited by Olga Slobodyanyuk Thomson v. Doe, ...