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Archive for the ‘Federal Circuit Decisions’ Category

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


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


Posted On Jun - 22 - 2013 Comments Off READ FULL POST

Court Dismisses Monsanto Case

Organic Seed Growers v. Monsanto
By Kathleen McGuinness – Edited by Jennifer Wong

The Federal Circuit dismissed a declaratory judgment action against Monsanto for lack of jurisdiction. Monsanto’s assurances constituted a legally binding disclaimer not to sue in cases of inadvertent contamination by their patented seeds. Since the plaintiffs had not removed themselves from the disclaimer’s protection, any “case or controversy” was moot.


Posted On Jun - 20 - 2013 Comments Off READ FULL POST

Burdens of Discovery for Scientific Working Materials and Deliberative Documents

Written by: Evelyn Y. Chang
Edited by: Jessica Vosgerchian

In March of 2012, British Petroleum sought court enforcement of a subpoena for “any conversation or discussion” made by researchers from WHOI regarding their studies on the Deepwater Horizon oil spill. The court applied a balancing test that weighed BP’s need for the requested information against the burden placed on WHOI, and required the WHOI researchers disclose internal pre-publication materials relating to the studies cited in the government report.


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

Federal Circuit Finds Bayer’s Yaz Birth Control Patent Invalid for Obviousness

Bayer Healthcare Pharm., Inc. v. Watson Pharm., Inc.
By Erica Larson – Edited by Suzanne Van Arsdale

The Court of Appeals for the Federal Circuit reversed the judgment of the Nevada District Court, which ruled that claims 13 and 15 of Bayer Healthcare Pharmaceuticals, Inc. and Bayer Schering Pharma AG (“Bayer”) U.S. Patent RE37,564 were not invalid for obviousness. The patent claimed a combination of synthetic hormones and dosing regimens used by Bayer in the Yaz birth control pill.


Posted On Apr - 30 - 2013 Comments Off READ FULL POST
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