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Federal Circuit Overturns Earlier Decision and Holds No Liability for Exporting Components of Method Patents By Evan Kubota – Edited by Sarah Sorscher Cardiac Pacemakers, Inc. v. St. Jude Medical, Inc., 2007-1296, -1347 (Fed. Cir. Aug. 19, 2009) Slip Opinion On August 19, 2009, the Court of Appeals for the Federal Circuit, sitting en banc, held that 35 U.S.C. § 271(f), a statute providing for liability for exporting components of patented inventions, does not apply to method patents. The ruling overturned ... Read More...
Posted On Aug - 27 - 2009 Comments Off READ FULL POST
By Evan Kubota Microsoft, Yahoo, Amazon Join Opposition to Google Settlement The New York Times reports that Microsoft, Yahoo, and Amazon have joined library associations, nonprofits, and individuals in opposing the Google Books settlement in The Authors Guild v. Google. The settlement, which would allow Google to provide digital versions of millions of books, still requires court approval and remains the subject of a Department of Justice antitrust investigation. The opposition group, tentatively called the Open Book Alliance, will argue ... Read More...
Posted On Aug - 21 - 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
By Evan Kubota The JOLT Digest is proud to reintroduce the Flash Digest! Flash Digest posts will provide brief summaries of recent news and developments in law and technology, along with links to more in-depth discussions. Flash Digest will allow us to expand our coverage to legal issues that have not yet reached the courts or passed through Congress, but that will likely be of interest to our readers. We have posted Flash Digests in the past, but we hope ... Read More...
Posted On Apr - 8 - 2009 Comments Off READ FULL POST
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