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Federal Circuit Invalidates Software Patent As Mere Mental Process By Albert Wang – Edited by Chinh Vo CyberSource Corporation v. Retail Decisions, Inc., No. 2009-1358 (Fed. Cir. August 16, 2011) Slip Opinion The Federal Circuit affirmed the United States District Court for the Northern District of California’s grant of summary judgment, agreeing that plaintiff CyberSource’s patents were invalid for ineligible subject matter under 35 U.S.C. § 101. Writing for a unanimous panel, Judge Dyk held that CyberSource’s method of verifying ... Read More...
Posted On Sep - 6 - 2011 Comments Off READ FULL POST
Federal Circuit Upholds Patentability Of Isolated Genes By Albert Wang – Edited by Kassity Liu Ass’n for Molecular Pathology v. USPTO, No. 2010-1406 (Fed. Cir. July 29, 2011) Slip Opinion The Federal Circuit reversed the United States District Court for the Southern District of New York on the issues of whether Myriad’s patent claims regarding the BRCA gene and BRCA screening were valid. The Circuit affirmed on the issues of standing and patentability of Myriad’s method of comparing DNA sequences. ... Read More...
Posted On Aug - 12 - 2011 Comments Off READ FULL POST
House Passes Patent Reform – Keeps Senate’s “First-To-File”, Differs on PTO Funding By Albert Wang – Edited by Matt Gelfand H.R. 1249 – Leahy-Smith America Invents Act Bill Govtrack.us Summary On June 23, 2011, the House passed the Leahy-Smith America Invents Act. Sponsored by House Judiciary Committee Chairman Lamar Smith (R-Tex.) and passed by a vote of 304 to 117, the legislation implements a first-to-file system, a post-grant review system, and a fund for PTO fees, among other procedural changes. ... Read More...
Posted On Jul - 5 - 2011 1 Comment READ FULL POST
Written by Mehdi Eddebbarh & Jack Burns Edited by Albert Wang Editorial Policy I. Introduction Patent law strives to stimulate innovation by awarding inventors a temporary monopoly over patented inventions.  Antitrust law seeks to ensure efficient competition, in part by restricting monopolistic behavior.  Perhaps the most scrutinized area of intersection between patent law and antitrust law is the proper treatment of “reverse payments,” also referred to as “pay-for-delay” settlements.  Arkansas Carpenters Health and Welfare Fund v. Bayer AG, 625 F.3d ... Read More...
Posted On May - 13 - 2011 Comments Off READ FULL POST
Seventh Circuit Denies Moral Rights Protection to Chicago Garden By Albert Wang – Edited by Matthew Gelfand Kelley v. Chicago Park District, Nos. 08-3701 and 08-3712 (7th Cir. Feb. 15, 2011) Slip Opinion The Court of Appeals for the Seventh Circuit affirmed the Northern District of Illinois’ judgment in favor of the Chicago Park District on Chapman Kelley’s Visual Artists Rights Act (VARA) claim, while reversing the court’s judgment in favor of Kelley on his claim of implied contract. The ... Read More...
Posted On Feb - 25 - 2011 4 Comments READ FULL POST
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