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Federal Circuit Flash Digest: News in Brief

By Kathleen McGuinness

Two contested patent terms upheld as means-plus-function

Judgment of damages sufficient to render plaintiff a prevailing party for fee awards

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Posted On Oct - 16 - 2014 Add Comments READ FULL POST

Innovation Act Receives Support from Intellectual Property Professors; Education Organizations Express Reservations
By Aditya Gupta – Edited by Kathleen McGuinness

The Innovation Act recently received support from sixty professors teaching IP law at universities across the U.S. in a letter to Congress, citing “abusive” patent trolls and their impact on small companies and large manufacturers. In contrast, a group of six major education organizations previously issued two statements raising concerns over the draft of the Act and claiming that it raises a “specter of unintended problems.”

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Posted On Dec - 18 - 2013 Comments Off READ FULL POST

Garmin Prevails in First Inter Partes Patent Review
By James Grace – Edited by Kathleen McGuinness

The Patent Trial and Appeal Board (“PTAB”), in its first inter partes review under 35 U.S.C. 311, held in favor of Garmin, a GPS technology developer. PTAB cancelled three claims of a speed limit indicator patent held by Cuozzo Speed Technologies LLC, finding it obvious under 35 U.S.C. 103. Cuozzo’s Motion to Amend the patent to substitute the three impugned claims was denied.

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Posted On Nov - 19 - 2013 Comments Off READ FULL POST

Innovation Act of 2013 – Latest Effort to Disarm Patent Trolls
By Mengyi Wang – Edited by Kathleen McGuinness

H.R. 3309 – Innovation Act

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.

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

Federal Circuit Finds Means–Plus–Function Algorithm Claim Invalid for Indefiniteness
By Aditya Gupta – Edited by Kathleen McGuinness

Ibormeith IP, LLC v Mercedes-Benz USA, LLC

The Federal Circuit affirmed a district court’s holding that certain means-plus-function claims of Ibormeith’s patent -  “Sleepiness Detection for Vehicle Driver or Machine Operator” – were invalid for indefiniteness under 35 U.S.C. § 112. The court also noted that Ibormeith’s arguments for the breadth of its disclosure, for the purpose of infringement, must be held as “binding admissions” when evaluating claim validity.

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