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Archive for the ‘Patent’ Category

Informing a Patient of a Method’s Effect is Insufficient to Render the Method Patentable By Harry Zhou – Edited by Chinh Vo King Pharms., Inc. v. Eon Labs, Inc., No. 2009-1437, -1438 (Fed. Cir. Aug. 2, 2010) Slip Opinion On August 2, 2010, the Federal Circuit affirmed the United States District Court for the Eastern District of New York’s entry of summary judgment invalidating two patent claims held by King Pharmaceuticals, Inc. (“King”). In addition, the court vacated summary judgment ... Read More...
Posted On Aug - 9 - 2010 Comments Off READ FULL POST
Federal Circuit Distinguishes Provisional Applications from Foreign Filings for Prior Art Priority under 102(e) By Ian B. Brooks – Edited by Anthony Kammer In re Giacomini, No. 2009-1400 (Fed. Cir. July 7, 2010) Slip Opinion On July 7, 2010, the Court of Appeals for the Federal Circuit affirmed the Board of Patent Appeals and Interferences’ (“Board”) rejection of claims of U.S. Patent Application No. 09/725,737 as anticipated under 35 U.S.C. § 102(e), the so-called “secret prior art” provision.  The Federal ... Read More...
Posted On Jul - 21 - 2010 1 Comment READ FULL POST
By Chinh Vo NTP Sues Major Smartphone Makers for Infringing Wireless Email Patents Ars Technica reports that patent holding company NTP has brought suits against Apple, Google, HTC, LG, Microsoft, and Motorola, claiming the smartphone makers are infringing eight patents for “delivery of electronic mail over wireless communications systems.” NTP brought a similar suit in 2001 against Blackberry manufacturer RIM, which settled for $612.5 million after several years of litigation. The New York Times notes that NTP may not enjoy ... Read More...
Posted On Jul - 10 - 2010 Comments Off READ FULL POST
Determination of Patentable Subject Matter Not Limited to Machine-or-Transformation Test; Some Business Method Patents Survive By Davis Doherty – Edited by Matt Gelfand Bilski v. Kappos, No. 08-964 (U.S. June 28, 2010) Slip Opinion In a 9-0 decision, the Supreme Court affirmed an en banc ruling by the Court of Appeals for the Federal Circuit, which held that the petitioners’ claimed invention, a commodities risk-hedging method, was unpatentable. At the same time, a 4-1-4 split on the broader issue of ... Read More...
Posted On Jun - 29 - 2010 Comments Off READ FULL POST
Federal Circuit Holds that Solo’s Marking of Lids after Patent Expiration Did Not Violate False Marking Statute By Ian B. Brooks – Edited by Matt Gelfand Pequignot v. Solo Cup Co., No. 2009-1547 (Fed. Cir. June 10, 2010) Slip Opinion On June 10, 2010, the Federal Circuit affirmed the judgment of the U.S. District Court for the Eastern District of Virginia, which had entered summary judgment in favor of Solo for “false marking” related to Solo’s practice of marking expired ... Read More...
Posted On Jun - 14 - 2010 Comments Off READ FULL POST
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