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Archive for the ‘Patent’ Category

Martek Biosciences Corp. v. Nutrinova Inc. By Debbie Rosenbaum – Edited by Stephanie Young Martek Biosciences Corp. v. Nutrinova Inc., 2008-1459, -1476 (CAFC Sept. 3, 2009) Opinion On September 3, 2009, the Court of Appeals for the Federal Circuit affirmed the U.S. District Court for the District of Delaware’s jury verdict finding that Martek’s patents were valid and infringed, but reversed the points of error Martek asserted on cross appeal. The Federal Circuit (“CAFC”), sitting as an expanded five-member panel: 1) ... Read More...
Posted On Sep - 12 - 2009 Comments Off READ FULL POST
Federal Circuit Overturns Earlier Decision and Holds No Liability for Exporting Components of Method Patents By Evan Kubota – Edited by Sarah Sorscher Cardiac Pacemakers, Inc. v. St. Jude Medical, Inc., 2007-1296, -1347 (Fed. Cir. Aug. 19, 2009) Slip Opinion On August 19, 2009, the Court of Appeals for the Federal Circuit, sitting en banc, held that 35 U.S.C. § 271(f), a statute providing for liability for exporting components of patented inventions, does not apply to method patents. The ruling overturned ... Read More...
Posted On Aug - 27 - 2009 Comments Off READ FULL POST
Court of Appeals Vacates Obviousness Jury Verdict By Stephanie Weiner – Edited by Evelyn Breithaupt Callaway Golf Co. v. Acushnet Co., 2009-1076 (Fed. Cir. Aug. 14, 2009) Slip Opinion On August 14, 2009, the Court of Appeals for the Federal Circuit reversed the District Court for the District of Delaware’s order of summary judgment for the plaintiff on anticipation and vacated its entry of a jury verdict that a dependent claim was invalid for obviousness, but that the independent claim ... Read More...
Posted On Aug - 23 - 2009 Comments Off READ FULL POST
Federal Circuit Holds Blackboard Patent Claims Invalid for Indefiniteness and Failure to Disclose Sufficient Structure By Dmitriy Tishyevich – Edited by Amanda Rice Blackboard, Inc. v. Desire2Learn, Inc., No. 2008-1368, -1396 (Fed. Cir. July 27, 2009) Slip Opinion On July 27, 2009, the Court of Appeals for the Federal Circuit affirmed the United States District Court for the Eastern District of Texas’s partial summary judgment, holding that claims 1 through 35 of the patent were invalid for indefiniteness. However, the ... Read More...
Posted On Aug - 20 - 2009 Comments Off READ FULL POST
Mum’s the Word for Microsoft’s XML Functionality By Jad Mills – Edited by Evelyn Breithaupt i4i L.P. v. Microsoft Corp., No. 6:07CV113 (E.D. Texas Aug. 18, 2009). Final Judgment and Injunction On August 11, 2009, Judge Davis of the Eastern District of Texas entered final judgment awarding i4i L.P., a Canadian company, approximately $290 million in damages and interest for Microsoft’s willful infringement of i4i’s XML patent. The court also issued a permanent injunction ordering Microsoft to stop selling Word ... Read More...
Posted On Aug - 19 - 2009 Comments Off READ FULL POST
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