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Federal Circuit Flash Digest: News In Brief

By Cristina Carapezza

Rosen Wins TV Headrest Patent Suit

Federal Circuit Allows for Declaratory Judgment of Noninfringement for Disclaimed Patent

Federal Circuit Prohibits Third Party Challenges to Patent Application Revivals Under the APA

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Government Agents Indicted for Wire Fraud and Money Laundering in Silk Road Investigation

By Sheri Pan – Edited by Jens Frankenreiter

Two former Drug Enforcement Administration agents have been charged for wire fraud and money laundering in connection with an investigation of Silk Road, a digital black market that allowed people to anonymously buy drugs and other illicit goods using Bitcoin, a digital currency. The two agents were members of the Baltimore Silk Road Task Force and allegedly used their official capacities and resources to steal Bitcoins for their personal gain.

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Mississippi Attorney General’s investigation of Google temporarily halted by federal court

By Lan Du – Edited by Katherine Kwong

On March 2, 2015, Mississippi Attorney General Jim Hood’s investigation of Google was halted by a federal court granting Google’s motion for a temporary restraining order and preliminary injunction. U.S. District Judge Henry T. Wingate issued the opinion. Judge Wingate found a substantial likelihood that Hood’s investigation violated Google’s First Amendment rights by content regulation of speech and placing limits of public access to information.

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Federal Circuit Flash Digest

By Ken Winterbottom

J.P. Morgan Appeal Dismissed for Lack of Jurisdiction

Court Agrees with USPTO: Settlement Agreements Are Not Grounds for Dismissing Patent Validity Challenges

Attorney Misconduct-Based Fee-Shifting Request Revived in Light of Recent Supreme Court Decision

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Pass the Patented Peas, Please: EPO Upholds Plant Product Patents

By Amanda Liverzani – Edited by Paulius Jurcys

Everything’s coming up roses for plant patent holders, following the European Patent Office’s recent endorsement of patents for tomato and broccoli plants.  In a March 25, 2015 decision, the Enlarged Board of Appeal held that the European Patent Convention’s Article 53(b) prohibition on patents for production of plants by “essentially biological processes . . . does not have a negative effect on the allowability of a product claim directed to plants.”

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By Mengyi Wang – Edited by Kathleen McGuinness

H.R. 3309 - Innovation Act

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The perceived “patent troll” problem has plagued the U.S. patent system for years. To curb abusive patent litigation, Representative Bob Goodlatte (R-VA), with a bipartisan coalition, introduced the “Innovation Act” in the House of Representatives on Oct 23, 2013. The patent reform bill contains a number of provisions that seek to change the landscape of patent procurement, ownership, and enforcement, Patently-O reports.

Patently-O, Info World, and the Electronic Frontier Foundation (“EFF”) provide an overview of the legislation and comment on its significance. The American Intellectual Property Law Association has summarized each section of the bill. Patent Docs and The Software Alliance voice concerns. (more…)

Posted On Nov - 3 - 2013 5 Comments READ FULL POST

Ibormeith IP, LLC v Mercedes-Benz USA, LLC
By Aditya Gupta – Edited by Kathleen McGuinness

Ibormeith IP, LLC v. Mercedes-Benz USA, LLC, No. 13- 1007 (Fed. Cir. October 22, 2013)
Slip opinion

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The United States Court of Appeals for the Federal Circuit affirmed a decision of the United States District Court for the District of New Jersey, which had held on summary judgment that certain means-plus-function claims of Ibormeith IP, LLC’s (“Ibormeith”) US Patent No. 6,313,749 (“the ’749 Patent”) – “Sleepiness Detection for Vehicle Driver or Machine Operator” – were invalid for indefiniteness under 35 U.S.C. § 112. Ibormeith IP, slip op. at 2.

The Federal Circuit held that the claim element “computational means” expressed a means for performing a specified function and thus was subject to the requirements of 35 U.S.C. § 112(f), which governs such means-plus-function elements. Id. at 2-3. According to the court, the ‘749 Patent failed to comply with 35 U.S.C. § 112(f) because it failed to adequately define the structure for the “computational means” limitation in the specification. Id. at 7. In so holding, the court noted that Ibormeith’s arguments regarding the breadth of its disclosure, for the purpose of infringement, must also be held against it as “binding admissions” for the purposes of a 35 USC §112(f) inquiry into claim validity. Id. at 10-11.

PatentlyO summarizes the case’s facts and holding and comments on the ramifications of the decision with respect to litigation strategy. iPFrontline briefly explains the decision and the lessons it provides for practitioners. (more…)

Posted On Oct - 30 - 2013 Comments Off READ FULL POST

ACLU v. U.S. Dep’t of Justice
By Amy Zhang – Edited by Ashish Bakshi

ACLU v. U.S. Dep’t of Justice (S.D.N.Y. filed Oct. 17, 2013)
Complaint

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Two weeks ago, the American Civil Liberties Union (“ACLU”) and the American Civil Liberties Union Foundation filed a complaint against the United States Department of Justice (“DOJ”) seeking immediate processing and release of DOJ records that the ACLU had requested pursuant to the Freedom of Information Act (“FOIA”) in late March of this year. Complaint, ACLU v. DOJ (S.D.N.Y. filed Oct. 17, 2013).

The ACLU requested information related to the use of evidence derived from surveillance authorized under the Foreign Intelligence Surveillance Act of 1978 Amendments Act of 2008 (“FAA”).  Its complaint alleged that the DOJ had failed to process and release the requested information. In addition to the release of the requested documents, the ACLU is seeking a waiver of search, review, and reproduction fees on the grounds that disclosure of the requested records is “in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.” 5 U.S.C. § 552(a)(4)(A)(iii).

Ars Technica provides background information on the lawsuit. JOLT Digest and Wired provide summaries of Clapper v. Amnesty International USA, No.  11–1025 (U.S. Feb. 26, 2013), which provides the backdrop for the ACLU’s current suit. (more…)

Posted On Oct - 29 - 2013 Comments Off READ FULL POST

By Emma Winer

Icon-newsAmerican Dating Website Withdraws Plan to Sell User Information to Peer Canadian Site

True.com, a U.S. dating website, has called off a plan to sell user information to PlentyOfFish, a Canadian dating website, following an objection to the sale raised by Texas Attorney General Greg Abbot in federal bankruptcy court. Abbott alleged that the transfer of personal user information without explicit consent violated the True.com’s privacy policy. PlentyOfFish withdrew its offer to purchase True.com’s information on October 23rd, 2013, the Wall Street Journal reports.

Third Circuit Finds Warrantless GPS Tracking Unconstitutional

The United States Court of Appeals for the Third Circuit held last Tuesday that law enforcement must obtain a warrant before employing a GPS device to track a suspect’s car, Wired reports. United States v. Katzin, No. 12-2548 (3rdCir. October 22, 2013). Last year, the Supreme Court ruled in United States v. Jones, 132 S. Ct.  945 (2012), that attaching a GPS device to a suspect’s car qualified as a search under the Fourth Amendment, but the Court did not explicitly address whether such a search was unreasonable without a warrant. Katzin is the first appellate decision since Jones to find a warrantless GPS search unconstitutional, even if law enforcement officials acted with a good faith belief that their actions complied with the law. Ars Technica discusses the significance of the ruling in greater detail.

Sony Sues United Airlines for Copyright Infringement

Sony Music Entertainment filed a copyright infringement lawsuit against United Airlines last Tuesday. Arista Music v. United Airlines, Inc., No. 13-cv-07451-AT (S.D.N.Y filed October 22, 2013). As Law360 reports, Sony alleges that United Airlines used, without authorization, Sony songs and videos in in-flight media services provided to United Airlines by Inflight Productions Ltd. According to the complaint, United Airlines has acknowledged that the materials in question are copyrighted but has continued to use them anyway. The lawsuit seeks both damages and an injunction to enjoin use of the copyrighted works.

Posted On Oct - 28 - 2013 Comments Off READ FULL POST

Interdigital Commc’ns, LLC v. Int’l Trade Comm’n
By James Grace – Edited by Ashish Bakshi

Interdigital Commc’ns, LLC v. Int’l Trade Comm’n, 707 F.3d 1295 (Fed. Cir. 2013), cert. denied, No. 12-1352 (U.S. Oct. 15, 2013)
Petition for a Writ of Certiorari
Denial of Petition

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The Supreme Court denied Nokia’s petition for a writ of certiorari, Denial of Petition for Writ of Certiorari, Interdigital Commc’ns, LLC v. Int’l Trade Comm’n, 707 F.3d 1295 (Fed. Cir. 2013), cert. denied, No. 12-1352 (U.S. Oct. 15, 2013), upholding the United States Court of Appeals for the Federal Circuit’s finding that Nokia had violated Section 337 of the Tariff Act of 1930, 19 U.S.C. §1337 (“Section 337”), by importing into the U.S. cell phones that violated two U.S. patents owned by InterDigital. Interdigital Commc’ns, LLC v. Int’l Trade Comm’n, 707 F.3d 1295 (Fed. Cir. 2013).

In denying the petition without comment, the Supreme Court did not address Nokia’s question concerning the International Trade Commission’s (“ITC”) jurisdiction over the case. The Federal Circuit held that “licensing alone” could satisfy the “domestic industry” requirement of Section 337. Petition for Writ of Certiorari at 12, Interdigital, 707 F.3d 1295, cert. denied, No. 12-1352. (“Petition”). Nokia had argued that InterDigital had failed to meet the “technical” prong of the domestic industry requirement because it merely licensed its patents and did not manufacture “articles protected by the patent.” Id. at 17-18.

Bloomberg.com provides an overview of the litigation and comments on the significance of the decision for Nokia, InterDigital and other technology companies. (more…)

Posted On Oct - 26 - 2013 Comments Off READ FULL POST
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