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Archive for the ‘Patent’ Category

Federal Circuit Chooses Absurdity Over Judicial Claim Redrafting By Chinh Vo – Edited by Jad Mills Haemonetics Corp. v. Baxter Healthcare Corp., No. 2009-1557 (Fed. Cir. June 2, 2010) Slip Opinion On June 2, 2010, the Court of Appeals for the Federal Circuit reversed the claim construction of the District Court for the District of Massachusetts and vacated a jury verdict in favor of the plaintiff in a patent infringement suit. Haemonetics Corp. (“Haemonetics”) had filed a patent infringement lawsuit ... Read More...
Posted On Jun - 6 - 2010 Comments Off READ FULL POST
Federal Circuit Affirms Dismissal of Patent Infringement Suit on Grounds of Equitable Estoppel By Abby Lauer – Edited by Chinh Vo Aspex Eyewear, Inc. v. Clariti Eyewear, Inc., No. 2009-1147 (Fed. Cir. May 24, 2010) Slip opinion In a recent opinion, the Federal Circuit affirmed the U.S. District Court for the Southern District of New York, which had granted defendant Clariti’s summary judgment motion to dismiss a patent infringement lawsuit brought by plaintiff Aspex. The Federal Circuit held that Aspex’s ... Read More...
Posted On Jun - 2 - 2010 Comments Off READ FULL POST
By Emily Hoort Federal Circuit to Re-Consider TIVO Patent-Infringement Case Bloomberg BusinessWeek reports that the U.S. Court of Appeals for the Federal Circuit will be taking a second look at a previous panel decision holding that Dish and EchoStar were violating TiVo’s digital-video recording patent.  The court will consider whether it was error not to give Dish a chance to prove that changes made to Dish software remedied the prior infringement upon TiVo’s patent on “time warp” technology, which allows ... Read More...
Posted On May - 23 - 2010 Comments Off READ FULL POST
By Caity Ross Edited by Abby Lauer Editorial Policy In 2004, Fiona Murray and Kyle Jensen published a prominent article in the journal Science. They reported that the USPTO had issued 4,270 human gene patents for 4,382 distinct human genes. Approximately one-fifth of known human genes were claimed in a U.S. patent.[1] Beyond human genes, there are approximately 20,000 patents covering a wide range of naturally occurring DNA sequences.[2] Gene patents include “[n]ine patents [that] have been applied for on the genes which determine your eyeball, 40 on ... Read More...
Posted On May - 14 - 2010 Comments Off READ FULL POST
Court Orders District Court to Reconsider Preliminary Injunction on “Catcher in the Rye” Sequel By Katy Yang – Edited by Kassity Liu Salinger v. Colting, No. 09-2878-cv (2d Cir. April 30, 2010) Slip Opinion The United States Court of Appeals for the Second Circuit vacated and remanded the judgment of the United States District Court for the Southern District of New York, which had granted Salinger’s motion for a preliminary injunction for copyright infringement and unfair competition. The Second Circuit ... Read More...
Posted On May - 2 - 2010 Comments Off READ FULL POST
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