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Archive for the ‘Jurisdiction’ Category

Federal Circuit Declares Pharmaceutical Patents Unenforceable for Inequitable Conduct By Laura Fishwick – Edited by Jennifer Wong Aventis Pharma S.A. v. Hospira, Inc., No. 2011-1018, 2012 WL 1155716 (Fed. Cir. April 9, 2012). Slip Opinion The Court of Appeals for the Federal Circuit affirmed the U.S. District Court for the District of Delaware‘s holding that claim 5 of Aventis Pharma’s U.S. Patent No. 5,750,561 (filed August 4, 1993) (“the ‘561 patent”) and claim 7 of its U.S. Patent No. 5,714,512 ... Read More...
Posted On Apr - 14 - 2012 Comments Off READ FULL POST
Second Circuit Ruling Leaves Open Possibility That YouTube Is Not Protected By Safe Harbor By Jacob Rogers – Edited by Julie Dorais Viacom Int’l, Inc., Football Ass’n Premier League Ltd. v. YouTube, Inc., Docket No. 10-3270-cv (2nd Cir. April 5, 2012) Slip Opinion The Second Circuit partially affirmed and partially reversed a decision by the U.S. District Court for the Southern District of New York, granting summary judgment to YouTube on all claims of direct and secondary copyright infringement brought ... Read More...
Posted On Apr - 10 - 2012 Comments Off READ FULL POST
Federal Circuit invites en banc review of broadening reissue jurisprudence By Jeffery Habenicht – Edited by Charlie Stiernberg In re Staats, No. 2010-1443 (Fed. Cir. Mar. 5, 2012) Slip opinion The Federal Circuit reversed the Board of Patent Appeals and Interferences’ (“Board”) decision to reject Staats’s reissue application and remanded for further proceedings. The Board had rejected Staats’s continuing reissue application because it was filed outside of the two-year time limit imposed by 35 U.S.C. § 251 and was not ... Read More...
Posted On Apr - 4 - 2012 Comments Off READ FULL POST
Federal Circuit Avoids §101 Analysis in Determining Patent Validity By Jacob Rogers – Edited by Lauren Henry MySpace, Inc. v. Graphon Corp., No. 2011-1149 (Fed. Cir. 2012) Slip opinion The Federal Circuit affirmed Northern District of California’s ruling on summary judgment that four of Graphon’s patents were invalid due to either lack of novelty or obviousness under 35 U.S.C. §102 and 35 U.S.C. §103, respectively. The district court found that these patents, which disclose a method for creating and searching ... Read More...
Posted On Mar - 13 - 2012 Comments Off READ FULL POST
Seventh Circuit Wrestles with Constitutionality of Warrantless Cell Phone Searches By Brittany Horth – Edited by Charlie Stiernberg United States v. Flores-Lopez, No. 10-3803 (7th Cir. 2012) Slip opinion The Seventh Circuit affirmed the United States District Court for the Southern District of Indiana, which had held that a warrantless search of a cell phone in order to obtain its phone number is permitted under the Fourth Amendment. Judge Posner acknowledged that the issue had implications for computers and other electronics ... Read More...
Posted On Mar - 6 - 2012 Comments Off READ FULL POST
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