Beyond Mere Planning and Preparation: The Duty of Loyalty Owed By Employees to Their Employers
by Kara R. Yancey Suppose you represent a company whose former employee has
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Another Case (Surprisingly) of First Impression for the Federal Circuit
Hot on the heels of January’s Boehringer Ingelheim Int’l GmbH v. Barr Labs., Inc., 592 F.3d 1340 (Fed. Cir. 2010) decision on divisional practice,
“First Sale” Doctrine Does Not Apply When There Is a Likelihood of Post-Purchase Confusion
On appeal from the District of Arizona, the Ninth Circuit affirmed the lower court’s grant of summary judgment to trademark-owner Volkswagen of America
Meeting Ariad’s Written Description Requirement
Best Mode for Producing Lysine Included Undisclosed Features
In method for producing L-lysine including genetically altering E. coli, inventors failed to disclose best host strain to use and further modification
New Trial for Inconsistent Verdict of Nonobvious Independent Claim, Obvious Dependent Claims
JMOL on validity reversed because judge misunderstood when art is analogous; claim constructions using dictionary and prosecution argument upheld. A JMOL
Patents Obvious Over Same Prior Art Raised During Ex Parte Reexamination
Dissent finds a bias against protecting an invention that “does not advance rocket science or cancer medicine.” A divided Federal Circuit panel affirmed
Failure to Properly Preserve and Search for ESI Results in Monetary Sanctions and Spoliation Jury Instructions
District Court Judge who issued Zubulake decision again orders sanctions for failure to properly handle electronically stored information (ESI) in discovery. Pension
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Federal Circuit Broadens Claim Construction & Vacates Grant of Summary Judgment of Noninfringement
Schindler Elevator Corp. v. Otis Elevator Co., No. 2009-1146 (Fed. Cir. Jan. 15, 2010) (Linn, Friedman, and Dyk (concurring in result and dissenting in part)) Federal Circuit vacated district court’s
Wyeth v. Kappos
Wyeth v. Kappos, [2009-1120] (January 7, 2010) [Rader, Plager, and Moore] In Wyeth v. Kappos the Federal Circuit affirmed summary judgment for Wyeth that the USPTO has been calculating patent term adjustments