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Archive for the ‘Patent’ Category

Federal Circuit Continues Pushing Back the Vitiation Doctrine

The Charles Machine Works, Inc. v. Vermeer Manufacturing Co.
By Mengyi Wang – Edited by Kathleen McGuinness

The Federal Circuit vacated-in-part, affirmed-in-part, and reversed-in-part a lower court’s summary judgment of noninfringement as to Vermeer Manufacturing Company’s commercial products and non-commercial prototypes. The court also found that the doctrine of claim vitiation added no separate legal limitation to the doctrine of equivalents

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Posted On Aug - 8 - 2013 Comments Off READ FULL POST

Flash Digest: News in Brief
By Mengyi Wang

SEC Charges Texas Man with Running a Bitcoin Ponzi Scheme

Rep. Amash’s Amendment to End NSA’s Blanket Collection of Americans’ Telephone Records Fails in the House

Federal Circuit Affirms Insufficiency of Written Description in Novozymes Patent

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Posted On Jul - 31 - 2013 Comments Off READ FULL POST

Flash Digest: News in Brief
By Simon Heimowitz

First Amendment Protects Peer-Reviewed Publication Regarding Competitor’s Product

Second Circuit Affirms Finding of No Material Mistake in Wiretap Application Against Raj Rajaratnam

High Damages in Peer-to-Peer Distribution Suit Affirmed as Statutory, Not Punitive

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Posted On Jul - 24 - 2013 Comments Off READ FULL POST

Microsoft Sues Customs and Department of Homeland Security for Failing to Enforce ITC Exclusion Order

Microsoft Corp. v. Dep’t of Homeland Sec.
By Katherine Walecka – Edited by Kathleen McGuinness

Microsoft filed a complaint against Customs and Border Protection (“CBP”), the Department of Homeland Security, and others, alleging that CBP failed to implement an International Trade Commission exclusion order. The order blocked the importation of Motorola mobile devices that were found to infringe Microsoft’s patent directed toward smartphones with certain Google calendar functions, such as synchronizing and scheduling.

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Posted On Jul - 22 - 2013 Comments Off READ FULL POST

PTO Reexamination Decision Can Eliminate Cause of Action in Concurrent Litigation

Fresenius USA, Inc. v. Baxter International, Inc.
By Simon Heimowitz ­– Edited by Jennifer Wong

The Federal Circuit held that a U.S. Patent and Trademark Office reexamination decision, which had invalidated a number of patent claims, had to be given effect in a concurrent infringement suit regarding kidney hemodialysis equipment, effectively leaving Baxter without a cause of action. It vacated and remanded with instructions to dismiss the judgment of the District Court for the Northern District of California against Fresenius.

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Posted On Jul - 19 - 2013 Comments Off READ FULL POST
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Functional Claim Ele

By Asher Lowenstein – Edited by Mengyi Wang Robert Bosch, LLC, ...