Archive for the 'Federal Circuit Opinion' Category

Senju v. Lupin

The Court of Appeals for the Federal Circuit held in Senju Phamaceutical Co. v. Lubin Limited , that the district court’s finding of obviousness of the patented invention at issue was correct and did not give any deference to the subsequent finding during an ex parte reexamination by the U.S. Patent and Trademark Office that the claimed invention was […]

In Re St. Helena Hospital

In In Re St. Helena Hospital, the Federal Circuit Court of Appeals reversed the Trademark Trial and Appeal Board’s decision to refusal registration of the mark TakeTen.  In the decision, the Federal Circuit found that three of the Dupont Factors for determine whether a mark is confusingly similar to another mark had not been proven.  The opinion […]

DDR Holdings v

In DDR Holdings, LLC v., L.P., the Federal Circuit Court of Appeals affirmed the patent eligibility of the patent holder’s e-commerce patent.  The opinion can be read here DDR Holdings v

Scientific Plastic Products v Biotage

In Scientific Plastic Products, Inc. v. Biotage, AB, the Federal Circuit Court of Appeals affirmed the decision of the Patent Trial and Appeal Board affirming the Patent Examiner’s rejection based on obviousness and the cancellation of all the claims in three patents.  The Federal Circuit found that the art relied upon in the obviousness rejection was analogous […]

Motorola Mobility v ITC

The U.S. Court of Appeals for the Federal Circuit decided in Motorola Mobility LLC v. International Trade Commission that Motorola Mobility violated Sec. 337 of the Tariff Act of 1930 by importing and selling mobile devices that infringed a Microsoft patent.  Because Motorola’s argument that the claim in question was anticipated by inherency failed to […]

Lifescan v Shasta

The Court of Appeals for the Federal Circuit reversed the grant of a preliminary injunction, originally granted by the district court on a finding of likely indirect infringement, because the defendant had established patent exhaustion as a matter of law.  The Federal Circuit held that the patent exhaustion principal applies to all transfers, even as […]

Randall MFG v Rea

On appeal from the United States Patent and Trademark Office, Board of Appeals and Interferences, the Court of Appeals for the Federal Circuit vacated and remanded the Board’s finding of non-obviousness and that the examiner incorrectly found a motivation to combine references in the prior art to reject the claimed invention.  The Federal Circuit found […]

NCube (Arris Group) v Seachange

The Federal Circuit Court of Appeals affirmed the denial of a motion for contempt of an injunction order brought by Arris Group against Seachange Corporation.  Seachange modified its product in an attempt to avoid an injunction filed against it in a previous infringement action.   The opinion is here NcubevSeachange

Patent Attorney Marietta, Georgia

McGurk Intellectual Property Advisors is conveniently located near Marietta, Georgia in the Galleria complex  and is available to assist with all patent related matters.   We provide assistance in all aspects of patent law including, but not limited to, patentability evaluations, preparation and prosecution of patent applications, infringement assertions and defense, opinions of counsel, patent […]

Novozymes v Dupont Nutrition Biosciences

The Court of Appeals for the Federal Circuit upheld a district court finding of invalidity in the patent litigation case of Novozymes A/S v Dupont Nutrition Biosciences.  The Federal Circuit held that the claims of the Novozymes patent did not meet the written description requirement of 35 U.S.C Sec 112, Paragraph 1 and affirmed the […]