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Bilski’s Claims Unpatentable Abstract Ideas; Machine-or-Transformation a Useful, Not Exclusive Test for Patentable Subject Matter
Bilski v. Kappos, No. 08-964 (S. Ct. June 28, 2010). On June 28, 2010, the Supreme Court issued its long-awaited (oral arguments were November 9, 2009) decision in Bilski v. Kappos. The Court affirmed the rejection of Mr. Bilski’s claims, which were directed to methods of hedging against a risk of price changes for a commodity, as an unpatentable
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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, the Federal Circuit tackled another issue “of first impression,” how to make a valid priority claim through a chain of applications. Most patent
“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 Inc. (“Volkswagen”), holding that the “first sale” doctrine does not provide a defense when likelihood of confusion has been established. The
Meeting Ariad’s Written Description Requirement
Ariad Pharmaceuticals, Inc. v. Eli Lilly and Company, No. 2008-1248 (Fed. Cir. Mar. 22, 2010) (en banc) In a much anticipated decision, the Federal Circuit issued an en banc decision addressing the scope
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 that enhanced production. Ajinomoto Co. v. ITC, 2009-1081 (Fed. Cir. Mar. 8, 2010) In
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 summary judgment that claims in Media Tech’s two patents to trading cards with attached items or fragments of memorabilia were obvious over prior
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 Committee of the Univ. of Montreal Pension Plan et al. v. Banc of America Securities, LLC, et al., — F.R.D. —–, 2010
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 either started a competing company or now works for a competitor. Unfortunately, the company did not
Picture Is Not a Mandatory Requirement for a Website-Based Specimen of Use Submitted with Trademark Application
Federal Circuit reverses Trademark Office’s holding that an internet specimen of use must include a picture of the goods to be registrable. In re Michael Sones, Docket No. 2009-1140 (Dec. 23, 2009) In re Sones is an appeal from the Trademark Trial and Appeal Board’s (“TTAB”) rejection of Michael
U.S. District Court For The Eastern District Of Texas Ordered To Transfer Venue
Federal Circuit again orders Eastern District of Texas to transfer venue of a patent case to a more convenient forum, this time the Eastern District of North Carolina. In re Hoffman-La Roche Inc., et al., Misc. Docket No. 911 (Fed. Cir. Dec. 2, 2009) After the Eastern District of Texas denied their motion