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Archive for the ‘Patent’ Category

Federal Appeals Court Affirms the Denial of A123’s Motion to Reopen By Stuart K. Tubis – Edited by Janet Freilich A123 Systems, Inc. v. Hydro-Quebec, No. 2010-1059 (Fed. Cir. Nov. 10,  2010) Slip Opinion The U.S. Court of Appeals for the Federal Circuit affirmed the judgment of the U.S. District Court for the District of Massachusetts, which had denied A123’s motion to reopen and dismissed the court’s declaratory judgment against Hydro-Quebec (“HQ”). The Federal Circuit addressed three major issues in ... Read More...
Posted On Dec - 2 - 2010 Comments Off READ FULL POST
USPTO Patent Denial Lawsuits Subject to FRE and FRCP By Harry Zhou – Edited by Ian C. Wildgoose Brown Hyatt v. Kappos, No. 07-1066 (Fed. Cir. Nov. 8, 2010) (en banc) Slip Opinion The U.S. Court of Appeals for the Federal Circuit, sitting en banc, vacated and remanded the decision of the U.S. District Court for the District of Columbia, which had ruled that a patent applicant is barred from introducing new facts into evidence in a civil action against the United States Patent and Trademark Office (“USPTO”) brought ... Read More...
Posted On Nov - 23 - 2010 Comments Off READ FULL POST
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
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
By Sonia McNeil Myriad Genetics Appeals Ruling on Patentability of Isolated Genes Myriad Genetics has appealed the Southern District of New York’s ruling in Association for Molecular Pathology v. USPTO. The district court invalidated seven Myriad Genetics patents relating to the human Breast Cancer Susceptibility Genes 1 and 2 (collectively, “BRCA1/2”), finding that the claimed isolated DNA is not markedly different from native DNA as it exists in nature and therefore constituted unpatentable subject matter under 35 U.S.C. § 101.  ... Read More...
Posted On Oct - 29 - 2010 Comments Off READ FULL POST
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