Filewrapper
Content on Filewrapper includes updates on intellectual property case law, legislation and regulatory activity, and intellectual property law in the news.
Author: McKee, Voorhees & Sease is a Des Moines, Iowa, law firm.
Blawg Related Categories: Intellectual Property Law • Internet Law • Law Practice Management • Science & Technology Law • Law Firm
Recent Posts from Filewrapper
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First Circuit: Don't expect to win on appeal if you admit 7 of 8 likelihood of confusion factors
In a decision Friday, the First Circuit affirmed a district court's summary judgment of trademark infringement and an associated award of the defendant's profits and attorney fees to the plaintiff. The defendant used the…
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Clinical trials necessary to determine invention works for intended purpose
In a recent decision, the Federal Circuit affirmed a district court's ruling in favor of AstraZeneca, holding that the generic drug manufacturers Apotex and Impax Laboratories infringed patents for the popular heartburn medication Prilosec®…
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Federal Circuit: The difference between substantial cure and full cure is not insubstantial
In a decision yesterday, the Federal Circuit affirmed a grant of summary judgment of anticipation and obviousness. While the court disagreed with the district court's conclusion that the prior art expressly anticipated the asserted…
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Federal Circuit affirms USPTO's interpretation of inter partes reexamination statute
In a decision Tuesday, the Federal Circuit affirmed a district court's holding that the USPTO's interpretation of the inter partes reexamination procedure was correct, and therefore that all patent applications (other than reissue applications)…
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No case or controversy when patentee doesn't even know of potentially infringing product
In a decision last week, the Federal Circuit upheld a district court's decision that Article III jurisdiction did not exist in a case where a potential infringer was seeking a declaration of noninfringement. The…
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Efforts to terminate infringement after notice of patent doesn't avoid damages
In a decision Tuesday, the Federal Circuit vacated a district court's grant of summary judgment of non-infringement of a patent on the basis of claim construction. Specifically, the district court had improperly imported limitations…
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Today's lesson for litigators: make sure you present all your arguments to the district court
In a decision Tuesday, the Federal Circuit affirmed a district court's holding that two patents were invalid under the on-sale bar of 35 U.S.C. § 102(b). The inventor filed a declaration during prosecution that…
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Irreparable harm to exclusive licensee cannot support injunction; willfulness vacated post-Seagate
In a decision Monday, the Federal Circuit addressed a range of issues and ultimately affirmed a district court's denial of injunctive relief and, in light of the intervening Seagate decision, vacated and remanded the…
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Roundup of recent USPTO federal register notices: patent agent practice, fees, new rules and more
It's been a busy few weeks in rulemaking at the USPTO, with several notices recently posted that deserve attention. The notices relate to increases in fees for Fiscal Year 2009 because of the consumer…
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Federal Circuit: Breach of open source license conditions can lead to copyright infringement
In a recent decision, the Federal Circuit addressed some of the copyright issues involved with the open source movement. Often open source software is distributed under a so-called copyleft license, which permits others to…