A student-run resource for reliable reports on the latest law and technology news

Specific Facts Supporting Indirect Infringement Required for Software Supplier to Obtain Declaratory Judgment Against Patentee Suing End Users
By Geng Chen – Edited by Ashish Bakshi

Microsoft Corp. v. DataTern, Inc., No. 13-1184 (Fed. Cir. Apr. 4, 2014)

The Federal Circuit held that Microsoft and SAP had standing to bring invalidity and noninfringement declaratory judgment actions against DataTern, based on DataTern’s previous lawsuits against those companies’ software customers for direct patent infringement, but only to the extent that those direct infringement claims also established a controversy on issues of contributory and induced infringement.

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Posted On Apr - 19 - 2014 Comments Off READ FULL POST

Distinguishing “Intellectual Property” from Trade Secrets in the Federal Circuit
By Paul Klein – Edited by Geng Chen

The Federal Circuit reversed and vacated a district court ruling holding Hauge in contempt of a court order enforcing a settlement agreement, which required Hauge to assign his former employer “all other intellectual property and other rights relating to pressure exchanger technology . . . .” The Federal Circuit found that Hauge had not violated the order by manufacturing and selling a similar exchanger, even if he used a proprietary manufacturing process in a manner that potentially violated patent or trade secret laws.

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Posted On Apr - 3 - 2014 Comments Off READ FULL POST

Expert Testimony May Be Required to Determine if Patent Specification Adequately Supports Means-Plus-Function Claim
By Geng Chen – Edited by Ashish Bakshi

The Federal Circuit vacated the district court’s finding that the system claims in elcommerce’s patent were invalid. The court held that, in order to properly determine if a specification adequately supported a means-plus-function claim, a district court may require expert testimony so that the specification can be understood from the perspective of a person with ordinary skill in the art.

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Posted On Mar - 2 - 2014 Comments Off READ FULL POST

Federal Circuit Clarifies Scope of Inurement Doctrine; Implicit Direction Sufficient
By Elise Young – Edited by Geng Chen

The Federal Circuit affirmed the invalidity of Solvay’s patent. The court ruled that inurement does not require the inventors to direct reduction to practice, but that authorization is sufficient. As such, Honeywell’s reduction to practice in the United States inured to the original foreign inventors because their agreement implicitly authorized reduction to practice.

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Posted On Feb - 19 - 2014 Comments Off READ FULL POST

Supreme Court Holds that “Dog Sniffing” in Area Around the Home Constitutes a Fourth Amendment “Search”

Florida v. Jardines
By Mary Grinman – Edited by Geng Chen

In a 5–4 decision, the Supreme Court of the United States affirmed the Supreme Court of Florida, which had held that the use of a trained narcotics dog to inspect the area immediately surrounding Joelis Jardines’s home, including his porch, constituted a Fourth Amendment “search.”

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Posted On Apr - 4 - 2013 1 Comment READ FULL POST
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