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Archive for the ‘Jurisdiction’ Category

Federal Circuit rules that prosecution laches requires evidence of prejudice By Jonathan Allred – Edited by Elizabeth Akerman Cancer Research Technology Ltd. v. Barr Laboratories, Inc., No. 2010-1204 (Fed. Cir. Nov. 9, 2010) Slip Opinion The Federal Circuit overturned the District Court of Delaware, which had ruled that the plaintiff’s patent was unenforceable for prosecution laches, and, in the alternative, invalid for inequitable conduct. Prosecution laches is an equitable defense to infringement when the plaintiff has delayed the prosecution of ... Read More...
Posted On Nov - 17 - 2010 Comments Off READ FULL POST
­­The U.S. Government’s View on Gene Patentability Likely Changed By Harry Zhou — Edited by Matt Gelfand Brief for the United States as Amicus Curiae Supporting Neither Party, Association for Molecular Pathology v. USPTO, No. 10-1406 (Fed. Cir.) Brief hosted by the New York Times On October 29, the U.S. Department of Justice (“DOJ”) filed an amicus curiae brief in the U.S. District Court for the Federal Circuit in Association for Molecular Pathology v. USPTO, No. 10-1406. In its brief, the ... Read More...
Posted On Nov - 12 - 2010 Comments Off READ FULL POST
District Court Dismisses Facebook User’s Claims that Account Termination Violated First and Fourteenth Amendments and Various State Laws By Samantha Kuhn – Edited by Matt Gelfand Young v. Facebook, Inc., 5:10-cv-03579-JF/PVT (N.D. Cal. Oct. 25, 2010) Opinion hosted by Justia.com On October 25, 2010, the U.S District Court for the Northern District of California granted Facebook’s motion to dismiss Karen Beth Young’s complaint that, in terminating her account, Facebook violated the First and Fourteenth Amendments as well as state contract ... Read More...
Posted On Nov - 9 - 2010 1 Comment READ FULL POST
By Esther Kang Google Settles Buzz Class Action Suit for $8.5 Million The New York Times reports that Google has settled a class action suit over privacy violations related to its release of the Buzz application last February.  The settlement stipulates that Google will set up an $8.5 million fund for Internet privacy organizations and will educate users about Buzz’s privacy features.  Google chose not to compensate individual users because few class members suffered actual damages, and because pro rata ... Read More...
Posted On Nov - 6 - 2010 Comments Off READ FULL POST
Fifth Circuit Reverses Summary Judgment for Plaintiffs’ Breach of Contract Claim By Nathan Lovejoy – Edited by Avis Bohlen The Compliance Source, Inc. v. GreenPoint Mortgage Funding, Inc., __ F.3d __, 2010 WL 4056112, No. 09-10726 (5th Cir. Oct. 18, 2010) Slip Opinion In Compliance Source, Inc. v. GreenPoint Mortgage Funding, Inc., the United States Circuit Court for the Fifth Circuit reversed and remanded the decision of the United States District Court for the Northern District of Texas, which had ... Read More...
Posted On Nov - 2 - 2010 Comments Off READ FULL POST
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