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Archive for the ‘Patent’ Category

Supreme Court Affirms Clear and Convincing Standard for Patent Invalidity Defenses By Samantha Kuhn – Edited by Esther Kang Microsoft Corp. v. i4i Ltd. P’ship, No. 10–290 (U.S. June 9, 2011) Slip Opinion (via supremecourt.gov) On June 9, the Supreme Court affirmed a district court’s jury instructions requiring that the evidence of patent invalidity be “clear and convincing” for the invalidity defense against infringement to be successful. In a unanimous decision, the Supreme Court held that the presumption of validity ... Read More...
Posted On Jun - 15 - 2011 Comments Off READ FULL POST
Supreme Court Adopts “Willful Blindness” Standard for Induced Infringement By Raquel Acosta – Edited by Matt Gelfand Global-Tech Appliances, Inc. v. SEB S. A., 563 U. S. ____ (May 31, 2011) Slip Opinion The Supreme Court affirms the result but not the “deliberate indifference” standard used by the Federal Circuit. In an 8-1 decision the Supreme Court held that, under 35 U. S. C. § 271(b), inducement of infringement requires that a defendant have knowledge that the acts they induced ... Read More...
Posted On Jun - 10 - 2011 Comments Off READ FULL POST
Federal Circuit Heightens Standard for Inequitable Conduct By Marina Shvarts – Edited by Dorothy Du Therasense, Inc. v. Becton, Dickinson and Co., 2008-1511, -1512, -1513, -1514, -1595 (Fed. Cir. May 25, 2011) (en banc) Slip Opinion The Court of Appeals for the Federal Circuit vacated and remanded the decision of the United States District Court for the Northern District of California, which found U.S. Patent No. 5,820,551 (“the ’551 patent”) unenforceable due to inequitable conduct. The Federal Circuit heightened the ... Read More...
Posted On May - 31 - 2011 Comments Off READ FULL POST
Federal Circuit Provides Guidance for Obviousness Determinations by the PTO and the Board of Patent Appeals and Interferences By Abby Lauer – Edited by Dorothy Du In re Kao, 2010-1307 (Fed. Cir. May 13, 2011) Slip Opinion The Federal Circuit vacated and remanded a decision of the Board of Patent Appeals and Interferences (“Board”), which had rejected patent application 11/680,432 (“the ‘432 application”) for obviousness. The Federal Circuit also affirmed findings of obviousness by the Board regarding patent applications 12/167,859 ... Read More...
Posted On May - 31 - 2011 Comments Off READ FULL POST
Federal Circuit Ruling in Favor of TiVo Against EchoStar Changes Test for Reviewing Contempt Orders By Dorothy Du – Edited by Matt Gelfand TiVo Inc. v. EchoStar Corp., 2009-1374 (Fed. Cir. April 20, 2011) (en banc) Slip Opinion The Court of Appeals for the Federal Circuit affirmed in part and vacated in part the decision of the District Court for the Eastern District of Texas, which had found the appellants (collectively “EchoStar”) in contempt of two provisions of the court’s ... Read More...
Posted On May - 21 - 2011 1 Comment READ FULL POST
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