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Archive for the ‘Jurisdiction’ Category

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
Federal Circuit Invalidates Real Estate Investment Claims Following Bilski Precedent By Elettra Bietti – Edited by Charlie Stiernberg Fort Props., Inc. v. Am. Master Lease LLC, No. 2009-1242 (Fed. Cir. Feb. 27, 2012) Slip Opinion The Federal Circuit affirmed the District Court for the Central District of California, which had granted summary judgment in favor of Fort Properties. In a pre-Bilski decision, the district court had invalidated all 41 claims in American Master Lease’s (“AML”) real estate investment patent for ... Read More...
Posted On Mar - 6 - 2012 Comments Off READ FULL POST
Federal Circuit Clarifies the Fame Standard for Trade Dilution By Sonal Mittal – Edited by Laura Fishwick Coach Servs., Inc., v. Triumph Learning L.L.C., No. 2011-1129 (Fed. Cir. Feb. 21, 2012) Slip Opinion The Court of Appeals for the Federal Circuit affirmed-in-part the decision of the Trademark Trial and Appeal Board (“Board”), which had dismissed the notice of  opposition filed by Coach Services, Inc. (“CSI”) opposing the registration of the COACH mark by Triumph Learning L.L.C. (“Triumph”). The Federal Circuit ... Read More...
Posted On Feb - 28 - 2012 Comments Off READ FULL POST
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