Federal Circuit affirms collaboration is insufficient basis for joint infringement; partial disclosure can form basis for inequitable conduct By Leocadie Welling – Edited by Anthony Kammer Golden Hour Data System, Inc. v. emsCharts, Inc., No. 2009-1306, 1396 (Fed. Cir. Aug. 9, 2010) Slip Opinion On August 9, 2010, the Federal Circuit affirmed the decision of the United States District Court for the Eastern District of Texas, holding that emsCharts and Softtech had not jointly infringed Golden Hour’s patent for managing ... Read More...
Archive for the ‘Jurisdiction’ Category
Informing a Patient of a Method’s Effect is Insufficient to Render the Method Patentable By Harry Zhou – Edited by Chinh Vo King Pharms., Inc. v. Eon Labs, Inc., No. 2009-1437, -1438 (Fed. Cir. Aug. 2, 2010) Slip Opinion On August 2, 2010, the Federal Circuit affirmed the United States District Court for the Eastern District of New York’s entry of summary judgment invalidating two patent claims held by King Pharmaceuticals, Inc. (“King”). In addition, the court vacated summary judgment ... Read More...
Fifth Circuit Limits DMCA by Distinguishing Circumvention to Access Software and Circumvention to Violate Copyright By Ian B. Brooks – Edited by Helen He MGE UPS Systems, Inc. v. GE Consumer and Indus. Inc., No. 08-10521 (5th Cir. July 20, 2010) Slip Opinion The Fifth Circuit affirmed the ruling of the District Court for the Northern District of Texas, which dismissed MGE UPS Systems Inc.’s (“MGE”) Digital Millennium Copyright Act (“DMCA”) claim against Power Maintenance International, Inc. (“PMI”) and General ... Read More...
Ninth Circuit reverses court order granting toymaker Mattel ownership of Bratz doll brand By Abby Lauer – Edited by Janet Freilich MGA Entertainment, Inc. v. Mattel, Inc., No. 09-55673 (9th Cir. July 22, 2010) Slip Opinion In a decision making headlines across the nation, the Ninth Circuit reversed the Central District of California, which had given Mattel ownership rights to the Bratz doll brand after a jury found that the designer who created the dolls was working for Mattel when ... Read More...
By Chinh Vo Republican Senators Draft Bill in Opposition to FCC’s Net Neutrality Regulations Plans CNET reports that a group of Republican senators, led by Sen. Jim DeMint of South Carolina, is sponsoring a new bill designed to thwart the FCC’s plans to regulate broadband providers. The bill, dubbed the Freedom for Consumer Choice Act, would allow the FCC to impose requirements on the broadband industry only if marketplace competition is inadequate, giving the agency authority similar to the Department ... Read More...
