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Archive for the ‘Patent’ Category

Federal Circuit Resolves Split Regarding Product-by-Process Claims By Sharona Hakimi – Edited by Stephanie Weiner Abbott Laboratories v. Sandoz, Inc., May 18, 2009, No. 07-1400, -1406 Opinion (hosted by Patently-O) On May 18th the Court of Appeals for the Federal Circuit, sitting en banc, reconciled a long-standing conflict between two lines of cases determining the scope of product-by-process claims. The Federal Circuit affirmed the Atlantic Thermoplastics Co. v. Faytex Corp. rule that infringement of a product-by-process claim requires actually using ... Read More...
Posted On May - 30 - 2009 Comments Off READ FULL POST
Content by Vera Ranieri Google Sued for Use of Trademarked Terms in Adwords Program A class action was filed against Google on May 11, 2009 in federal court in Texas challenging its use of trademarked terms in its adwords program. The New York Times covered the case and surrounding issues. Ars Technica analyzes Google’s new AdWords policy. ACLU Challenges Constitutionality of Gene Patents The ACLU filed suit in the Southern District of New York challenging the patenting of genes and genetic tests as ... Read More...
Posted On May - 23 - 2009 Comments Off READ FULL POST
Federal Circuit Addresses Patent Pools and Antitrust Violations By Sharona Hakimi – Edited by Chris Kulawik Princo Corp. v. International Trade Commission, April 20, 2009, No. 07-1386 Slip Opinion On April 20th, the Federal Circuit affirmed in part and vacated in part a decision by the International Trade Commission in a suit regarding a patent pool for the “Orange Book” technology used to produce recordable and rewritable CDs. At the ITC, Princo conceded that it violated six patents owned by ... Read More...
Posted On Apr - 30 - 2009 Comments Off READ FULL POST
Federal Circuit Equates Covenants Not to Sue for Patent Infringement with Unconditional Licenses By Debbie Rosenbaum – Edited by Evan Kubota TransCore, LP v. Electronic Transaction Consultants Corp., No. 2008-1430, April 8, 2009 Opinion On April 8, 2009, the United States Court of Appeals for the Federal Circuit affirmed a district court’s grant of summary judgment, which held that an unconditional “covenant not to sue” has the same effect as an unconditional “license” for purposes of patent exhaustion. In 2000, ... Read More...
Posted On Apr - 19 - 2009 Comments Off READ FULL POST
Federal Circuit Holds That Later-Developed Alternative Manufacturing Processes May Be “Patentably Distinct” from Their Related Products By Tyler Lacey – Edited by Evan Kubota Takeda Pharmaceutical Co. v. Doll, April 10, 2009, No. 2008-1131 Opinion On April 10th, the United States Court of Appeals for the Federal Circuit vacated and remanded the decision of the United States District Court for the District of Columbia, holding that manufacturing processes developed after a product is patented may be “patentably distinct” from their ... Read More...
Posted On Apr - 18 - 2009 Comments Off READ FULL POST
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