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Archive for the ‘Patent’ Category

Federal Circuit Affirms Infringement but Reverses Findings of Damages in Software Patent Case By Andrew Segna – Edited by Gary Pong ResQNet.com, Inc. v. Lansa, Inc., No. 2009-1030 (Fed. Cir. Feb. 5, 2010) Slip Opinion The United States Court of Appeals for the Federal Circuit, in a per curiam decision, affirmed in part, vacated in part, and remanded for further proceedings a patent infringement decision made by the United States District Court for the Southern District of New York. The ... Read More...
Posted On Feb - 12 - 2010 Comments Off READ FULL POST
By Tyler Lacey Australian State Backpedals on Anonymous Online Political Speech Ban On February 2, Ars Technica reported that following a harsh public reaction, South Australia’s Attorney General Michael Atkinson has pledged to repeal a recently enacted law that banned anonymous online political speech. The new law is particularly controversial because it applies specifically to bloggers and online commentators, but not to online newspapers or magazines. Atkinson noted that “the blogging generation believes that the law supported by all [Members ... Read More...
Posted On Feb - 4 - 2010 Comments Off READ FULL POST
Federal Circuit Reverses and Remands District Court Ruling in Obviousness-type Double Patenting Case By Kassity Liu – Edited by Joey Seiler Boehringer Ingelheim Int’l. v. Barr Laboratories, Inc., No. 2009-1032 (Fed. Cir. 2010). Opinion The Federal Circuit reversed and remanded the District Court for the District of Delaware, which had ruled that U.S. Patent No. 4,866,812, owned by the appellant Boehringer, was invalid because Boehringer’s terminal disclaimer did not overcome obviousness-type double patenting with respect to an earlier expired patent, ... Read More...
Posted On Jan - 31 - 2010 1 Comment READ FULL POST
Federal Circuit Vacates Lower Court Ruling in Elevator Patent Case By: Helen (Ye) He – edited by Davis Doherty Schindler Elevator Corp. v. Otis Elevator Co., No. 2009-1146 (Fed. Cir. Jan. 15, 2010) Slip opinion The Federal Circuit vacated the District Court for the Southern District of New York’s grant of summary judgment of noninfringement in favor of Defendant Otis Elevator.  The Federal Circuit concluded that the district court constructed Schindler Elevator’s patent claims too narrowly by construing the terms ... Read More...
Posted On Jan - 24 - 2010 Comments Off READ FULL POST
Federal Circuit Rules Against PTO’s Interpretation of Patent Term Adjustments By Gary Pong – Edited by Dmitriy Tishyevich Wyeth and Elan Pharma Int’l Ltd. v. Kappos, No. 2009-1120 (Fed. Cir. Jan. 7, 2010). Slip Opinion The Federal Circuit affirmed the District Court for the District of Columbia, which had granted summary judgment for the plaintiffs, and held that they were “entitled to extended patent term adjustments under 35 U.S.C. § 154(b) due to the Patent and Trademark Office’s (“PTO’s”) delay ... Read More...
Posted On Jan - 14 - 2010 Comments Off READ FULL POST
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In Response to Rulin

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Flash Digest: News I

By Olga Slobodyanyuk Amici urge the Ninth Circuit to reconsider its ...

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Specific Facts Suppo

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DOJ Indicts Nine for

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European Court of Ju

By Paul Klein – Edited by Alex Shank [caption id="attachment_4363" align="alignleft" ...