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Archive for the ‘Jurisdiction’ Category

Federal Circuit Limits the ITC’s Authority to Address Post-Importation Induced Infringement
By Mary Schnoor  – Edited by Mengyi Wang

In Suprema v. ITC, the Federal Circuit vacated and remanded the ITC’s finding of induced infringement of a method patent when direct infringement occurred only after the imported product, a fingerprint scanner, was combined with software by a customer within the United States. The Federal Circuit concluded that the ITC’s authority to block “articles that . . . infringe” only applies when the articles being barred directly infringe a U.S. patent at the time of importation.

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Posted On Mar - 18 - 2014 Add Comments READ FULL POST

Flash Digest: News In Brief
By Shuangjun Wang

World Wide Web inventor seeks to pass a Magna Carta for the Internet

Facebook v. Power Ventures celebrates its six-year anniversary in the Ninth Circuit

Google’s new encryption sends data through China’s Great Firewall

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Posted On Mar - 16 - 2014 Add Comments READ FULL POST

Written Description Problems of the Monoclonal Antibody Patents after Centocor v. Abbott 

Written By: Hyeongsu Park - Edited By: Kendra Albert

The market for therapeutic antibodies is projected to reach hundreds of billion dollars within the next several years. In Centocor v. Abbott, the Court of Appeals for the Federal Circuit (“Federal Circuit”) held that a patentee cannot claim an antibody unless the specification describes it, even if he/she fully characterizes the antigen, and the court vacated a $1.67 billion jury verdict, the largest patent infringement award in U.S. history.

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Posted On Mar - 13 - 2014 Add Comments READ FULL POST

Ninth Circuit Orders Takedown of Inflammatory Video over Copyright Claim
By Mark Verstraete – Edited by Andrew Spore

On February 26, 2014, the Ninth Circuit reversed a district court decision denying Cindy Lee Garcia’s request for a preliminary injunction forcing YouTube to remove the anti-Islamic film “Innocence of Muslims.” Writing for the majority, Chief Judge Alex Kozinski found that Garcia was entitled to a preliminary injunction because she had shown a likelihood of success on her copyright claim and that irreparable harm would likely result absent injunctive relief.

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Posted On Mar - 12 - 2014 Add Comments READ FULL POST

Deference to Plaintiff Trumps Convenience to Parties in Recent Transfer of Infringement Cases
By Insue Kim – Edited by Elise Young

The Federal Circuit upheld the transfer of venue of Elcommerce, from the Eastern District of Texas, emphasizing that there is “‘no requirement under § 1404(a) that a transferee court have jurisdiction over the plaintiff . . . [as long as] the transferee court ha[s] jurisdiction over the defendants in the transferred complaint.’” However, in Barnes & Noble and Apple, district court decisions to deny transfer were upheld on grounds that they were not “clearly and indisputably incorrect . . . .”

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Posted On Mar - 11 - 2014 Add Comments READ FULL POST
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Photo By: Nicolas Raymond - CC BY 2.0

In Response to Rulin

By Andrew Spore – Edited by Travis West [caption id="attachment_4410" align="alignleft" ...

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Flash Digest: News I

By Olga Slobodyanyuk Amici urge the Ninth Circuit to reconsider its ...

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Specific Facts Suppo

By Geng Chen – Edited by Ashish Bakshi [caption id="attachment_4393" align="alignleft" ...

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DOJ Indicts Nine for

By Emma Winer – Edited by Sheri Pan [caption id="attachment_4373" align="alignleft" ...

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European Court of Ju

By Paul Klein – Edited by Alex Shank [caption id="attachment_4363" align="alignleft" ...