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Archive for the ‘Patent’ Category

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
By Kassity Liu JD ’12 Edited by Joey Seiler Editorial Policy On October 6, 2009, Eolas Technologies Inc., a research and development company specializing in web solutions, filed a federal lawsuit in the Eastern District of Texas against 23 prominent companies in the software and Internet industry. Eolas claims that these companies are infringing two of its patents, U.S. Patent No. 5,838,906 (’906 Patent) and U.S. Patent No. 7,599,985 (’985 Patent). These two patents cover technology that enables websites to ... Read More...
Posted On Jan - 3 - 2010 Comments Off READ FULL POST
Second Patent Case in a Year Ordered Transferred from E.D. Texas By Stephanie Weiner – Edited by Jad Mills In re Hoffman-La Roche Inc., et al., No. 911 (Fed. Cir. Dec. 2, 2009) Slip Opinion On December 2, 2009, a Federal Circuit panel granted Hoffman-La Roche’s petition for a writ of mandamus ordering the District Court for the Eastern District of Texas to transfer a patent infringement suit brought by Novartis to the Eastern District of North Carolina.  The Federal ... Read More...
Posted On Dec - 7 - 2009 Comments Off READ FULL POST
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