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Archive for the ‘Patent’ Category

Federal Circuit Rejects Point of Novelty Test for Design Patent Infringement By Anna Lamut — Edited by Stephanie Weiner Egyptian Goddess v. Swisa CAFC, September 22, 2008, Slip Opinion The U.S. Court of Appeals for the Federal Circuit affirmed the decision of the District Court for the Northern District of Texas, which had granted summary judgment in favor of Swisa, Inc, finding that no jury could reasonably find Swisa’s nail-buffer design infringed Egyptian Goddess’s design patent. A panel of the ... Read More...
Posted On Sep - 27 - 2008 1 Comment READ FULL POST
Federal Circuit Clarifies Patent Obviousness after KSR By Debbie Rosenbaum — Edited by Stephanie Weiner Eisai Co. v. Dr. Reddy’s Laboratories, Ltd. Federal Circuit, July 21, 2008, No. 2007-1397 Slip Opinion On July 21, the Federal Circuit affirmed the United States District Court for the Southern District of New York’s ruling in favor of plaintiff Eisai Co., holding that the patent-in-suit, U.S. Patent No. 5,045,552, was non-obvious and was not obtained through inequitable conduct. This case illustrates the Federal Circuit’s ... Read More...
Posted On Jul - 24 - 2008 Comments Off READ FULL POST
Federal Circuit Affirms Award of Attorney Fees for Inequitable Conduct and Litigation Misconduct By Christina Hayes — Edited by Stephanie Weiner Nilssen v. Osram Sylvania, Inc. Federal Circuit, June 17, 2008, No. 2007-1198 Slip Opinion The Federal Circuit affirmed the judgment of the U.S. District Court for the Northern District of Illinois granting a motion for attorney fees to Osram Sylvania, Inc. and Osram Sylvania Products, Inc. (collectively, “Osram”) due to the inequitable conduct and litigation misconduct of the appellants ... Read More...
Posted On Jun - 21 - 2008 Comments Off READ FULL POST
Supreme Court Reinvigorates Patent Exhaustion By Andrew Ungberg — Edited by Joshua Gruenspecht Quanta Computers, Inc. v. LG Electronics, Inc. Supreme Court of the United States, June 9, 2008, No. 2006-937 Slip Opinion The Supreme Court reversed the Federal Circuit, which had held that patent holders could seek infringement damages from subsequent purchasers further “downstream” provided that the initial transfer had imposed some type of restriction on the initial purchaser. The Federal Circuit’s ruling, had it been upheld, would have ... Read More...
Posted On Jun - 13 - 2008 Comments Off READ FULL POST
Federal Circuit Clarifies Recovery for Lost Profits, Non-Exclusive Licensees: Parent Company Denied Recovery for Lost Profits of Subsidiary By Jeff Gritton — Edited by Joshua Gruenspecht Mars, Inc. v. Coin Acceptors, Inc. Federal Circuit, June 2, 2008, No. 2007-1409 Slip Opinion The Federal Circuit affirmed in part and vacated in part the District Court of New Jersey and remanded for recalculation of damages in a patent infringement suit. The court affirmed the district court’s holding precluding Mars Inc. (“Mars”) from ... Read More...
Posted On Jun - 9 - 2008 Comments Off READ FULL POST
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