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Analysis of overall appearance determines whether patented design is dictated by function

In PHG Technologies, LLC v. St. John Companies, Inc., the Federal Circuit vacated the preliminary injunction of the district court finding St. John raised a substantial questions of validity of the two patents-at-issue. At issue were two design patents owned by PHG: the ‘405 and ‘197 patents. The ‘405 and ‘197 patents depend from a […]

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Jimmy Buffett sues website owner for trademark infringement

Singer Jimmy Buffett has

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02 Micro takes strike three

02 Micro International Limited and 02 Micro, Inc. (collectively “02 Micro”) recently appealed a Northern District of California district court’s grant of summary judgment of non-infringement in favor of Monolithic Power Systems, Inc. (“MPS”) to the United States Court of Appeals for the Federal Circuit. 02 Micro contended that the district court errored in denying […]

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Federal Circuit reverses claim construction but affirms infringement

Abraxis Bioscience (formerly AstraZeneca) is the holder of three patents on an improved formulation of an anesthetic, DIPRIVAN?. Prior formulations had the problem of increasing postoperative infections. The inventors discovered that by adding disodium edetate as an antimicrobial agent. This addition allowed DIPRIVAN? to be administered for up to 24 hours without a significant increased […]

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Two patents held obvious, “no question” that motivation to combine references existed

Optivus Technology sued Ion Beam Applications (IBA) for infringing its patents relating to the use of proton beams in cancer therapy, and specifically to proton beam therapy facilities with multiple treatment rooms using the same proton source. In addition to patent infringement, Optivus also claimed violations of California and Florida unfair competition laws and a […]

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University of Alabama sues artist for trademark infringement

The University of Alabama has sued Daniel Moore, an artist who paints pictures of various sporting events. Among his work is a picture entitled “The Sack,” depicting a play in a 1986 college football game where Cornelius Bennett of the University of Alabama sacked Notre Dame’s Steve Beuerlein. The university claims that Mr. Moore is […]

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Federal Circuit issues two decisions regarding reissue patents

Over the course of three court days, the Federal Circuit issued two decisions in cases involving reissue patents. After a patent is issued, if the patent holder discovers that the patent is “wholly or partly inoperative or invalid,” the patentee may surrender the original patent and seek reissue of the patent. If this is sought […]

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