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Archive for the ‘Patent’ Category

Federal Circuit Reverses Noninfringement Declaratory Judgment, Dissent Takes on Gene Patentability By Chinh Vo – Edited by Anthony Kammer Intervet Inc. v. Merial Ltd., No. 2009-1568 (Fed. Cir. Aug. 4, 2010) Slip Opinion On August 4, 2010, the United States Court of Appeals for the Federal Circuit reversed and remanded the declaratory judgment of the United States District Court of the District of Columbia, which held that Intervet’s Porcine Circovirus vaccine (“PCV-2”) did not infringe Merial’s gene patent. The majority ... Read More...
Posted On Aug - 19 - 2010 Comments Off READ FULL POST
Federal Circuit affirms collaboration is insufficient basis for joint infringement; partial disclosure can form basis for inequitable conduct By Leocadie Welling – Edited by Anthony Kammer Golden Hour Data System, Inc. v. emsCharts, Inc., No. 2009-1306, 1396 (Fed. Cir. Aug. 9, 2010) Slip Opinion On August 9, 2010, the Federal Circuit affirmed the decision of the United States District Court for the Eastern District of Texas, holding that emsCharts and Softtech had not jointly infringed Golden Hour’s patent for managing ... Read More...
Posted On Aug - 15 - 2010 Comments Off READ FULL POST
By Chinh Vo Google, Verizon Offer Proposal for Regulating Internet, Face Criticism CNET reports that Google and Verizon have announced a joint proposal for regulating Internet service that offers a legislative framework for net neutrality. The proposal states that Internet service providers should not be allowed to discriminate against lawful online content producers and gives the FCC authority to deal with violators. The proposal, however, contains exceptions for Internet access over mobile networks and new services distinguishable from traditional broadband ... Read More...
Posted On Aug - 14 - 2010 Comments Off READ FULL POST
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
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