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Archive for the ‘Patent’ Category

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
Written by Mehdi Eddebbarh & Jack Burns Edited by Albert Wang Editorial Policy I. Introduction Patent law strives to stimulate innovation by awarding inventors a temporary monopoly over patented inventions.  Antitrust law seeks to ensure efficient competition, in part by restricting monopolistic behavior.  Perhaps the most scrutinized area of intersection between patent law and antitrust law is the proper treatment of “reverse payments,” also referred to as “pay-for-delay” settlements.  Arkansas Carpenters Health and Welfare Fund v. Bayer AG, 625 F.3d ... Read More...
Posted On May - 13 - 2011 Comments Off READ FULL POST
Microsoft argues for a lower burden of proof for patent invalidity where prior art wasn’t before the PTO By Abby Lauer – Edited by Matt Gelfand Microsoft Corp. v. i4i Ltd. P’ship, No. 10-290 (U.S. 2011) Transcript of Oral Arguments On April 18, 2011, the Supreme Court heard oral arguments in Microsoft Corp. v. i4i Ltd. P’ship, a case involving a dispute over the evidentiary standard that must be met by a patent challenger in order to overcome the presumption ... Read More...
Posted On Apr - 22 - 2011 Comments Off READ FULL POST
Federal Circuit Hears Oral Arguments for Myriad Gene Patent Case By Elina Saviharju – Edited by Esther Kang Ass’n for Molecular Pathology v. USPTO, No. 2010-1406 (Fed. Cir. Apr. 4, 2011) Oral Argument Recording The Court of Appeals for the Federal Circuit heard oral arguments on April 4, 2011, for Ass’n for Molecular Pathology v. USPTO. The court focused on the issues of jurisdiction and patent-eligible subject matter under 35 U.S.C. §101, although it also briefly addressed the nature of ... Read More...
Posted On Apr - 14 - 2011 Comments Off READ FULL POST
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