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Archive for the ‘Patent’ Category

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


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.


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.


Posted On Jul - 19 - 2013 Comments Off READ FULL POST

Routine High-Throughput Screening is Undue Experimentation, Federal Circuit Holds

Wyeth v. Abbott Labs
By Kathleen McGuinness – Edited by Alex Shank

The Federal Circuit upheld the invalidity of patents claiming the use of rapamycin to treat restenosis, the renarrowing of an artery following angioplasty. The court held that “routine experimentation” to discover species of compounds within a claimed genus could constitute “undue experimentation,” since the discovery may require screening tens of thousands of compounds without any guidance from the patent.


Posted On Jul - 5 - 2013 Comments Off READ FULL POST

Supreme Court Adopts “Rule of Reason” for Reverse Payment Settlements

Federal Trade Commission v. Actavis, Inc.
By Kathleen McGuinness – Edited by Jennifer Wong

On June 17, the Supreme Court ruled that reverse payment settlements between brand name and generic drug manufacturers were not presumptively unlawful, but were subject to scrutiny under the “rule of reason.” This holding overruled the Eleventh Circuit’s dismissal of the case and resolved a circuit split.


Posted On Jul - 3 - 2013 Comments Off READ FULL POST
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