Federal Circuit Reverses Summary Judgment Finding Non-Infringement By Leocadie Welling – Edited by Jad Mills Transocean Offshore Deepwater Drilling, Inc. v. Maersk Contractors USA, Inc., No. 2009-1556 (Fed. Cir. Aug. 18, 2010) Slip Opinion On August 18, 2010, the Federal Circuit reversed in part, affirmed in part, vacated in part, and remanded the decision of the United States District Court for the Southern District of Texas, which had granted summary judgment in favor of Maersk on issues of invalidity and ... Read More...

Federal Circuit Reverses Noninfringement Declaratory Judgment, Dissent Takes on Gene Patentability By Chinh Vo – Edited by Anthony Kammer Intervet Inc. v. Merial Ltd., No. 2009-1568 (Fed. Cir. Aug. 4, 2010) Slip Opinion On August 4, 2010, the United States Court of Appeals for the Federal Circuit reversed and remanded the declaratory judgment of the United States District Court of the District of Columbia, which held that Intervet’s Porcine Circovirus vaccine (“PCV-2”) did not infringe Merial’s gene patent. The majority ... Read More...

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...

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...