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

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

Routine High-Throughput Screening is Undue Experimentation, Federal Circuit Holds

Wyeth v. Abbott Labs
By Kathleen McGuinness – Edited by Alex Shank

The Federal Circuit upheld the invalidity of patents claiming the use of rapamycin to treat restenosis, the renarrowing of an artery following angioplasty. The court held that “routine experimentation” to discover species of compounds within a claimed genus could constitute “undue experimentation,” since the discovery may require screening tens of thousands of compounds without any guidance from the patent.

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Posted On Jul - 5 - 2013 Comments Off READ FULL POST

Supreme Court Adopts “Rule of Reason” for Reverse Payment Settlements

Federal Trade Commission v. Actavis, Inc.
By Kathleen McGuinness – Edited by Jennifer Wong

On June 17, the Supreme Court ruled that reverse payment settlements between brand name and generic drug manufacturers were not presumptively unlawful, but were subject to scrutiny under the “rule of reason.” This holding overruled the Eleventh Circuit’s dismissal of the case and resolved a circuit split.

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Posted On Jul - 3 - 2013 Comments Off READ FULL POST
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