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Archive for the ‘Patent’ Category

Federal Circuit Reaffirms Separate Written Description and Enablement Requirements for Patents By Tyler Lacey – Edited by Jad Mills Ariad Pharm., Inc. v. Eli Lilly & Co., Appeal 2008-1248 (Fed. Cir., Mar. 22, 2010) Slip Opinion The U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”), in a 9-2 en banc decision, affirmed a panel decision holding Ariad’s patent claims invalid for lack of written description. In so holding, the Federal Circuit reaffirmed that the first paragraph of 35 ... Read More...
Posted On Mar - 26 - 2010 Comments Off READ FULL POST
TiVo Wins Five Year Battle Over Patent Infringement with EchoStar By Katy Yang – Edited by Kassity Liu TiVo Inc. v. EchoStar Corp., No. 2009-1374 (E.D. Tex., March 4, 2010) Slip Opinion The United States Court of Appeals for the Federal Circuit affirmed a decision by the United States District Court for the Eastern District of Texas, which had found EchoStar in contempt of a permanent injunction order that was issued by the court in an earlier judgment in which ... Read More...
Posted On Mar - 14 - 2010 Comments Off READ FULL POST
By Tyler Lacey RealNetworks Won’t Appeal Decision Declaring Its DVD Copying Software in Violation of DMCA On March 4, Wired reported that RealNetworks plans to cease litigation of a lawsuit filed by the Motion Picture Association of America (“MPAA”) alleging that its DVD copying software, RealDVD, violates the Digital Millennium Copyright Act (“DMCA”).  RealNetworks had initially planned to appeal a California district court’s decision that the software illegally circumvented the DVD encryption technology, Content Scramble System. However, after two years ... Read More...
Posted On Mar - 5 - 2010 Comments Off READ FULL POST
Federal Circuit Rules for Crocs on Appeal in ITC Patent Dispute By Sharona Hakimi – Edited by Steven Primeaux Crocs, Inc. v. ITC, Appeal 2008-1596 (Fed. Cir. Feb. 24, 2010) Slip Opinion On February 24, 2010, the U.S. Court of Appeals for the Federal Circuit reversed and remanded a patent decision by the U.S. International Trade Commission concerning Crocs shoes. In what has become a trend in high-profile design patent cases, Judge Rader provided guidance on claim construction and the ... Read More...
Posted On Mar - 1 - 2010 Comments Off READ FULL POST
Board of Patent Appeals affirms rejection of Pfizer’s broadest patent claim to Viagra By Abby Lauer – Edited by Frank Sabatini Ex parte Pfizer, Inc., Appeal 2009-004106 (B.P.A.I. Feb. 12, 2010). Slip Opinion On February 12, the Board of Patent Appeals and Interferences affirmed a Patent Examiner’s rejection of claim 24 of Pfizer’s patent on the erectile dysfunction (ED) drug Viagra. The Board held that claim 24 of the patent was anticipated in the prior art by descriptions of the ... Read More...
Posted On Feb - 24 - 2010 Comments Off READ FULL POST
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