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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 a rare best mode case, the Federal Circuit confirmed
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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 on validity of the dependent claims to cure an inconsistent jury verdict for obviousness of claims dependent on nonobvious independent claims could
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
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