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Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK Immunex Corp. v. Sandoz Inc., Appeal No. 2020-1037 (Fed. Cir. July 1, 2020) In this Biologics Price Competition and Innovation Act case, the Federal Circuit affirmed ...

Patterns of Vexatious Litigation Are a Relevant Consideration in Awarding Attorney's Fees in Patent Infringement Cases

ELECTRONIC COMMUNICATION TECHNOLOGIES, LLC V. SHOPPERSCHOICE.COM, LLC Before PROST, DYK, and WALLACH. Appeal from the United States District Court for the Southern District of...

Fresh From the Bench: Latest Federal Circuit Court Cases

CASE OF THE WEEK adidas AG v. Nike, Inc., Appeal Nos. 2019-1787, -1788 (Fed. Cir. June 25, 2020) This week’s case of the week deals with issues relating to obviousness and...

Too much standardized technology is being held up on shipping docks and in courtrooms, according to the International Telecommunication Union. The ITU recently... Read More »
If you happen to have an iPhone 4S handy, go ahead and ask Siri about a patent lawsuit that was filed April 25, 2012, in U.S. District Court for the District of... Read More »
Microelectromechanical system gyroscopes may be small in stature, but a patent infringement claim against MEMS upstart InvenSense in the California Northern District... Read More »
The '662 patent is owned by Parallel Iron, whose attorneys have recently filed suit against Internet giants such as Amazon, Facebook, and LinkedIn, and even some... Read More »
Comments
Wes Boudville[continued from previous posting] but no one did, then this can be used precisely as an argument for non-obviousness.
Feb 26, 2015
Wes BoudvilleBecause no one invented the invention prior to the actual filing date, and all the starting points of the patent were present. This is related to a recent quote by a Supreme Court jurist who said regarding non-obviousness that for any patent, anyone who objected to it could merely say, after disclosure, that the patent was obvious. It is never enough to say that it is obvious. One has to raise more precise points about the patent vis a vis the prior art. And one of the arguments for non-obviousness that can be made by the patent inventor is like judo - what I mentioned above.
Feb 26, 2015
Based on recent patent infringement filings in the District Court of Delaware, trucking yards must be the next cradle of innovation. Mobile Logistics LLC, a faceless... Read More »
Ric Richardson virtually established the now-familiar product authentication method, the "try and buy" approach seen on everything from magazine... Read More »
A few years ago, BlackBerry maker Research In Motion (RIM) introduced the Blackberry Enterprise Service (BES) Express. The free software works with existing servers... Read More »
Obstructive sleep apnea (OSA) is a sleep disorder characterized by abnormal pauses in breathing or instances of abnormally low breathing during sleep. These pauses... Read More »
The RIAA has always been a little twitchy about music copyrights, and that’s putting it mildly. The latest front in the war on piracy (or fair use, depending on ... Read More »
In the mid-1990s, James A. Thomson from the University of Wisconsin-Madison developed an innovative technique that led to the development of primate embryonic stem... Read More »
Struggling cell phone manufacturer Nokia launched a recent attack in both German and U.S. courts, filing lawsuits against HTC, RIM, and ViewSonic, alleging a laundry... Read More »
Incidence of diabetes, especially adult-onset (Type II) diabetes, is approaching epidemic proportions.  The number of adults with diabetes worldwide has more... Read More »
Selective serotonin reuptake inhibitors (SSRIs) are well known for their use in treating numerous central nervous system disorders, including depression and panic... Read More »
Groupon has grown successfully due to its ability to help city-dwellers explore local dining hotspots, discover various entertainment activities and purchase products ... Read More »
The highly-studied, human p53 gene is known to play a key role in cellular stress response mechanisms by converting a variety of different stimuli into cell growth... Read More »
The "848" Patent is among seven software-oriented patents in a lot recently auctioned by NASA as part of the ICAP Ocean Tomo IP Auction. Another lot focused ... Read More »
Ninety percent of head and neck cancer cases are due to squamous cell carcinoma -- a cancer of the epithelial cells.  Oral squamous cell carcinoma (OSCC) affects ... Read More »
3D imaging is the next breakthrough in photo technology. So far, the results have been lackluster at best. Current 3D imaging cameras can give a rough idea of... Read More »
After two laps through the federal court system, Prometheus has at last received its final verdict from the US Supreme Court: this patent claiming administration of a ... Read More »
Gene synthesis has become an important tool in many fields of recombinant DNA technology, including vaccine development, gene therapy and molecular engineering. The... Read More »
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