Claim construction from different case against different defendant applies in subsequent case

In a decision yesterday, the Federal Circuit affirmed a district court's construction of a patent claim in an infringement case. However, the court vacated the district court's grant of summary judgment of noninfringement and remanded. The Federal Circuit held that a prior interpretation of the claim in a suit against a different alleged infringer required […]

Continue Reading →

USPTO proposes fee increases for Fiscal 2009

In a Federal Register notice today, the USPTO has proposed fee increases for its Fiscal Year 2009, which begins October 1, 2008. The increases are based on the projected Consumer Price Index for the period ending September 30, 2008, which is 4%. Comments on the proposed changes are due by July 3, 2008. Click below […]

Continue Reading →

Tenth Circuit: No trademark infringement, unfair competition, or cybersquatting by parody sites

In a decision last week, the Tenth Circuit affirmed a district court's grant of summary judgment finding no trademark infringement, no unfair competition, and no cybersquatting. The district court held, and the Tenth Circuit affirmed, that none of the three elements of a trademark infringement action was proven, namely that the mark was not protectable, […]

Continue Reading →

Fifth Circuit passes on eBay’s applicability in trademark cases

In a decision last week, the Fifth Circuit affirmed a district court's conclusion it had subject matter jurisdiction over a trademark case, as well as its grant of a preliminary injunction. While the activities giving rise to the claim of trademark infringement took place in Mexico, they had a "substantial effect" on United States commerce, […]

Continue Reading →

Second prong of declaratory judgment jurisdiction test survived MedImmune

In a decision yesterday, the Federal Circuit affirmed a district court's grant of summary judgment of noninfringement and its related finding that the court had declaratory judgment jurisdiction. The court, for the first time since the Supreme Court's MedImmune decision, addressed the second prong of its pre-MedImmune declaratory judgment test. The court held this portion […]

Continue Reading →

Highlights from Drake Law School Summer Institute in Intellectual Property, Biotech, and Ag Sciences

The Drake University Law School Summer Institute in Intellectual Property, Biotechnology, and Agricultural Sciences was held in Johnston, Iowa on May 19-20. The event, sponsored by Pioneer Hi-Bred International, addressed diverse topics including the impact of recent U.S. Supreme Court decisions on biotechnology patents, the patent landscape of the nascent biofuel industry, ethical considerations in […]

Continue Reading →

New appeallate counsel insufficient reason to consider arguments not raised before district court

In a decision today, the Federal Circuit affirmed a district court's decision finding two claims of a patent anticipated. The district court, adopting a magistrate judge's Report and Recommendation, held that the claims were invalid and granted summary judgment. After retaining new counsel for the appeal, the patentee argued the prior art did not anticipate […]

Continue Reading →

Eleventh Circuit combs over copyright law, idea-expression dichotomy in affirming noninfringement

In a decision this week, the Eleventh Circuit upheld the district court's decision granting summary judgment of no copyright infringement to individuals and entities associated with two Trump buildings and denying the plaintiff leave to file a third amended complaint. In this regard, the court affirmed a finding that no reasonable, properly instructed jury could […]

Continue Reading →

Intrinsic evidence supported pre-Phillips claim construction; finding of noninfringement affirmed

In a decision yesterday, the Federal Circuit affirmed a district court's finding of noninfringement. The only disputed issue was one of claim construction. Although the district court issued its claim construction ruling before the Federal Circuit's Phillips decision and relied exclusively on a definition from a technical dictionary for its construction of the relevant term, […]

Continue Reading →

Priority claim contained in data sheet and appended via certificate of correction valid

In a decision yesterday, the Federal Circuit vacated a district court's denial of a preliminary injunction. The district court denied the injunction on the basis of a substantial question of validity of the patent. The accused infringer alleged the patent was invalid under 35 U.S.C. § 102(b) based on a prior public use by the […]

Continue Reading →

Stay in Touch

Receive the latest news and updates from us and our attorneys.

Sign Up