BASF Loses Pesticide Patent Appeal Due to Prosecution Disclaimer Doctrine

BASF v. Makhteshim Agan
By David LeRay – Edited by Ashish Bakshi

BASF Agro B.V. (“BASF”), the world’s largest chemical manufacturer, suffered a setback in its patent litigation against Makhteshim Agan of North America (“Makhteshim”), the world’s largest generic agrochemical maker.The Court of Appeals for the Federal Circuit affirmed the Middle District of North Carolina’s grant of summary judgment of non-infringement for the defendants.

Uncertain Trajectory of the Rocket Docket in Patent Appeals

By Alex Shank – Edited by Michael Hoven

Patent litigators, enticed by the “Rocket Docket” EDVA and its recently relaxed evidentiary standards, may spur a spike in granted patents, compounding the defects of already over-patented system. However, other AIA reforms, including expanded post-grant review and the opening of PTO satellite offices, as well as PTO appeals of EDVA decisions, will likely temper the spike. Ultimately, opening the EDVA may figure most prominently in heightening the scrutiny of potentially cursory PTO examiner decisions.

Federal Circuit Reverses Equitable Estoppel Involving Continuation-in-Part Patent

Radio Systems Corp. v. Lalor
By Craig Fratrik – Edited by Kathleen McGuinness

The Court of Appeals for the Federal Circuit affirmed in part, reversed in part, and remanded the decision of the Western District of Washington, which had ruled that Tom Lalor and Bumper Boy (“Bumper Boy”) were barred under equitable estoppel from bringing certain patent infringement claims and that none of Radio Systems’ other designs were infringing.

Jersey Boys’ Use of Ed Sullivan Show Clip Is Fair Use, Ninth Circuit Affirms

SOFA Entm’t, Inc. v. Dodger Prods., Inc.
By Erica Larson – Edited by Alex Shank

The Ninth Circuit affirmed the decision of the District Court for the Central District of California to grant summary judgment and award attorneys’ fees to Dodger Productions, Inc. (“Dodger”) in its suit against SOFA Entertainment, Inc. (“SOFA”). In an opinion by Judge Trott, the court concluded that Dodger’s unlicensed use of a clip from the Ed Sullivan Show fell squarely within the fair use exception.

Ninth Circuit Requires Reasonable Suspicion for Forensic Laptop Searches at the Border

United States v. Cotterman
By Casey Holzapfel ­– Edited by Jessica Vosgerchian

In an en banc decision, the United States Court of Appeals for the Ninth Circuit reversed a decision of the District Court of Arizona suppressing evidence found in a laptop seized by border agents. The Ninth Circuit held that comprehensive searches of electronic devices must meet a standard of reasonable suspicion of criminal activity.