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Federal Circuit Rules Against PTO’s Interpretation of Patent Term Adjustments By Gary Pong – Edited by Dmitriy Tishyevich Wyeth and Elan Pharma Int’l Ltd. v. Kappos, No. 2009-1120 (Fed. Cir. Jan. 7, 2010). Slip Opinion The Federal Circuit affirmed the District Court for the District of Columbia, which had granted summary judgment for the plaintiffs, and held that they were “entitled to extended patent term adjustments under 35 U.S.C. § 154(b) due to the Patent and Trademark Office’s (“PTO’s”) delay ... Read More...
Posted On Jan - 14 - 2010 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
Federal Circuit Holds Yellow Bean Patent Obvious and Invalid By Dmitriy Tishyevich – Edited by Jad Mills In re POD-NERS, L.L.C., July 10, 2009, No. 2008-1492 (nonprecedential) Slip Opinion On July 10, 2009 in a per curium decision, the Court of Appeals for the Federal Circuit affirmed the United States Patent and Trademark Office’s Board of Patent Appeals and Interferences (“Board”) decision invalidating the patent claims for a yellow bean of Mexican origin. The court held that the applicant failed ... Read More...
Posted On Jul - 19 - 2009 Comments Off READ FULL POST
Ninth Circuit Holds Anti-Spyware Software Company is Protected by Communications Decency Act Sec. 230 Immunity By Dmitriy Tishyevich-Edited by Anthony Kammer Zango, Inc. v. Kaspersky Lab, Inc., June 25, 2009, No. 07-35800. Slip Opinion On June 25, the Court of Appeals for the Ninth Circuit affirmed the district court’s grant of summary judgment for Kaspersky Lab, which distributes software that filters and blocks malicious programs.  The Ninth Circuit held that Kaspersky qualified for civil liability immunity under the Communications Decency ... Read More...
Posted On Jul - 1 - 2009 1 Comment READ FULL POST
Ninth Circuit Court of Appeals Considers Internet Service Provider’s Liability for Fake Profiles By Ezra Pinsky – Edited by Dmitriy Tishyevich Barnes v. Yahoo!, Inc., May 7, 2009, No. 05-36189. Slip Opinion On May 7th, the Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a district court’s 12(b)(6) dismissal of a complaint which had sought to impose negligence liability on Yahoo for hosting a fraudulent personals profile created by the plaintiff’s ex-boyfriend, despite plaintiff’s ... Read More...
Posted On May - 23 - 2009 Comments Off READ FULL POST
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