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

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

Federal Circuit Affirms Inequitable Conduct Based on False Declaration
By Mary Schnoor – Edited by Kathleen McGuinness

Intellect Wireless, Inc. v. HTC Corp.

The Federal Circuit affirmed that two patents owned by Intellect Wireless, Inc. (“Intellect”) are unenforceable due to inequitable conduct. Intellect claimed that HTC Corp. had infringed patents covering technology allowing a wireless device to receive and display caller identification information. The founder of Intellect, and inventor of the patents in question, intentionally submitted false declarations to the USPTO.

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Posted On Oct - 22 - 2013 Comments Off READ FULL POST

Obama Administration Vetoes ITC Ban on Sale and Import of Older Apple Products
By Simon Heimowitz – Edited by Kathleen McGuinness

The Obama administration vetoed an International Trade Commission (“ITC”) exclusion order that had effectively banned the importation of some older models of the iPhone and iPad. The ITC issued the order after finding that Apple had infringed one of Samsung’s standard-essential patents. The US Trade Representative noted that the veto was made after taking into account the “effect on competitive conditions in the U.S. economy and the effect on U.S. consumers.”

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Posted On Sep - 14 - 2013 Comments Off READ FULL POST

Federal Circuit Continues Pushing Back the Vitiation Doctrine

The Charles Machine Works, Inc. v. Vermeer Manufacturing Co.
By Mengyi Wang – Edited by Kathleen McGuinness

The Federal Circuit vacated-in-part, affirmed-in-part, and reversed-in-part a lower court’s summary judgment of noninfringement as to Vermeer Manufacturing Company’s commercial products and non-commercial prototypes. The court also found that the doctrine of claim vitiation added no separate legal limitation to the doctrine of equivalents

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Posted On Aug - 8 - 2013 Comments Off READ FULL POST

Microsoft Sues Customs and Department of Homeland Security for Failing to Enforce ITC Exclusion Order

Microsoft Corp. v. Dep’t of Homeland Sec.
By Katherine Walecka – Edited by Kathleen McGuinness

Microsoft filed a complaint against Customs and Border Protection (“CBP”), the Department of Homeland Security, and others, alleging that CBP failed to implement an International Trade Commission exclusion order. The order blocked the importation of Motorola mobile devices that were found to infringe Microsoft’s patent directed toward smartphones with certain Google calendar functions, such as synchronizing and scheduling.

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Posted On Jul - 22 - 2013 Comments Off READ FULL POST
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