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Archive for the ‘Patent’ Category

Bayer Schering Pharma v. Barr Labs By Aaron Dulles – Edited by Evelyn Breithaupt Bayer Schering Pharma AG and Bayer Healthcare Pharm., Inc. v. Barr Labs., Inc., No. 2008-1282 (Fed. Cir. Aug. 5, 2009) Slip Opinion On August 5, 2009, a Federal Circuit panel affirmed the decision of the District of New Jersey, which had found Bayer’s U.S. Patent No. 6,787,531 (“’531 Patent”) invalid because of obviousness. The ’531 Patent concerns a formulation of the well-known contraceptive drug drospirenone. The ... Read More...
Posted On Aug - 13 - 2009 Comments Off READ FULL POST
Federal Circuit Finds Infringement Even After Product No Longer Meets Claim Limitations At Final Sale By Ezra Pinsky – Edited by Sarah Sorscher Gemtron Corp. v. Saint-Gobain Corp., No. 2009-1001 (Fed. Cir. July 20, 2009). Slip Opinion On July 20th, the United States Court of Appeals for the Federal Circuit affirmed a district court (Western District of Michigan) decision to grant a permanent injunction against Saint-Gobain because their refrigerator shelves infringed on Gemtron’s patent. The district court held that the ... Read More...
Posted On Jul - 26 - 2009 Comments Off READ FULL POST
By Sharona Hakimi Amazon Threatened with Class Action for Remotely Deleting Orwell E-books on Kindles On July 20, MediaPost News reported that the law firm KamberEdelson is readying a class action lawsuit on behalf of consumers against Amazon for removing George Orwell books on owners’ Kindles. Amazon remotely deleted the e-books from users after discovering that the company that added them to the online catalog did not have rights to the books. Amazon did issue refunds to the owners, but ... Read More...
Posted On Jul - 24 - 2009 Comments Off READ FULL POST
Federal Circuit Holds Yellow Bean Patent Obvious and Invalid By Dmitriy Tishyevich – Edited by Jad Mills In re POD-NERS, L.L.C., July 10, 2009, No. 2008-1492 (nonprecedential) Slip Opinion On July 10, 2009 in a per curium decision, the Court of Appeals for the Federal Circuit affirmed the United States Patent and Trademark Office’s Board of Patent Appeals and Interferences (“Board”) decision invalidating the patent claims for a yellow bean of Mexican origin. The court held that the applicant failed ... Read More...
Posted On Jul - 19 - 2009 Comments Off READ FULL POST
California District Court Strikes at “Patent Trolling” By Tyler Lacey – Edited by Amanda Rice Diagnostic Systems Corp. v. Symantec Corp., June 5, 2009, No. SACV 06-1211 DOC (ANx) consolidated with No. SACV 07-960 DOC (ANx). Opinion The United States District Court for the Central District of California granted in part defendant MicroStrategy’s motion requesting a more detailed statement of how its software products infringe on plaintiff Diagnostic Systems Corporation’s (“DSC”) patents, denying only MicroStrategy’s request for monetary sanctions. The ... Read More...
Posted On Jun - 22 - 2009 Comments Off READ FULL POST
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