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Archive for the ‘Federal Circuit Decisions’ Category

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


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


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.


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.


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.


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