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Bilski’s Claims Unpatentable Abstract Ideas; Machine-or-Transformation a Useful, Not Exclusive Test for Patentable Subject Matter

Bilski’s Claims Unpatentable Abstract Ideas; Machine-or-Transformation a Useful, Not Exclusive Test for Patentable Subject Matter

By Anna M. Budde • on June 30, 2010

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

Another Case (Surprisingly) of First Impression for the Federal Circuit

By HDP • on June 21, 2010

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

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“First Sale” Doctrine Does Not Apply When There Is a Likelihood of Post-Purchase Confusion

“First Sale” Doctrine Does Not Apply When There Is a Likelihood of Post-Purchase Confusion

By HDP • on May 11, 2010

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

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Failure to Properly Preserve and Search for ESI Results in Monetary Sanctions and Spoliation Jury Instructions

Failure to Properly Preserve and Search for ESI Results in Monetary Sanctions and Spoliation Jury Instructions

By HDP • on February 22, 2010

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

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Federal Circuit Broadens Claim Construction & Vacates Grant of Summary Judgment of Noninfringement

Federal Circuit Broadens Claim Construction & Vacates Grant of Summary Judgment of Noninfringement

By HDP • on January 19, 2010

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 grant of summary judgment of noninfringement and remanded for further proceedings in accordance with

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Wyeth v. Kappos

Wyeth v. Kappos

By HDP • on January 11, 2010

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 under 35 U.S.C. § 154 incorrectly, and that Wyeth was entitled to an additional 294 days adjustment

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Picture Is Not a Mandatory Requirement for a Website-Based Specimen of Use Submitted with Trademark Application

Picture Is Not a Mandatory Requirement for a Website-Based Specimen of Use Submitted with Trademark Application

By HDP • on January 4, 2010

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

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Federal Circuit’s Holding that Patent Did Not Transfer to Plaintiff Prompts Dissent to Deliver a Lecture on Contract Law

Federal Circuit’s Holding that Patent Did Not Transfer to Plaintiff Prompts Dissent to Deliver a Lecture on Contract Law

By HDP • on December 9, 2009

Tyco Healthcare Group LP. v. Ethicon Endo-Surgery, Inc., 2008-1269, -1270 (Fed. Cir. Dec. 7, 2009). Contract term excluding transfer of “[a]ny and all patents and patent applications relating to any pending litigation involving USSC” as listed on an omitted schedule flawed ownership and standing. The

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Federal Circuit Remands for Determination of Graham Factors

Federal Circuit Remands for Determination of Graham Factors

By HDP • on December 9, 2009

Source Search Techs, LLC v. LendingTree, LLC, 2008-1505, -1524 (Fed. Cir. Dec. 7, 2009). District Court did not abuse discretion to allow late-added prior art when plaintiff waited nine months to object and had ample time for full discovery on the late-added prior art. No summary judgment for obviousness

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A New U.S. Patent Office Program to Accelerate Examination of “Green Technology” Applications

A New U.S. Patent Office Program to Accelerate Examination of “Green Technology” Applications

By HDP • on December 9, 2009

On December 7, the U.S. Patent & Trademark Office announced a pilot program to accord “special status” to patent applications claiming “green technologies” relating to environmental quality, energy conservation, development of renewable

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