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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
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
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 grant of summary judgment of noninfringement and remanded for further proceedings in accordance with
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 under 35 U.S.C. § 154 incorrectly, and that Wyeth was entitled to an additional 294 days adjustment
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
Federal Circuit’s Holding that Patent Did Not Transfer to Plaintiff Prompts Dissent to Deliver a Lecture on Contract Law
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
Federal Circuit Remands for Determination of Graham Factors
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
A New U.S. Patent Office Program to Accelerate Examination of “Green Technology” Applications
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