Archive for the 'Federal Circuit Opinion' Category

CLS Bank International v Alice Corporation

The Court of Appeals for the Federal Circuit, in an en banc decision, has affirmed the district court’s ruling that Alice Corporation’s patent claims directed to a computer implemented method, computer-readable medium, and corresponding system claims recite patent ineligible subject matter under 35 U.S.C. Sec. 101.  The opinion can be found here CLS Bank International v […]

WNET v Aereo

The Second Circuit Court of Appeals decided today that Aereo’s service does not infringe the plaintiffs’ public performance rights under the Copyright Act.  The Aereo service transmits broadcast television programs to its subscribers as those programs are airing on  broadcast television.  The opinion can be found here WNET v Aereo.

Aristocratic Technologies v International Game Technology

The U.S. Federal Circuit Court of Appeals vacated and remanded a summary judgement finding of no indirect infringement.  The Court, citing Akamai Technologies, Inc. v. Limelight Networks, Inc., concluded, Thus, “[a] party who knowingly induces others to engage in acts that collectively practice the steps of the patented method—and those others perform those acts—has had precisely the […]

Brilliant Instruments v Guidetech

The Federal Circuit Court of Appeals reversed a district court’s finding of summary judgment that an accused product did not infringe the patent at issue under the doctrine of equivalents.  The Federal Circuit remanded the issue to be decided by the jury.  To succeed under the doctrine of equivalents a patentee must establish infringement according […]

PRL USA Holdings v US Polo Association

The Second Circuit Court of Appeals held in favor of Ralph Lauren in the ongoing battle with the U.S. Polo Association over Polo related trademarks.  The Court found that the use of the double horsemen logo and “Polo” mark used by the U.S. Polo Association on a fragrance qualified as unfair competition.  The Court’s order […]

Function Media v Google

The Court of Appeals for the Federal Circuit affirmed the need for corresponding structure to be set forth in the specification to support a means-plus-function claim in order to avoid indefiniteness.  Function Media appealed the district court’s finding that a method claim was indefinite for lack of corresponding structure in the specification.  The Federal Circuit […]

Hall v Bed Bath Beyond

The Court of Appeals for the Federal Circuit overturned a district court’s decision that a plaintiff had failed to state a claim of infringement of a design patent and had not met the criteria for claim of unfair competition.  The Federal Circuit, citing PhotoMetrics, Inc. v. Hospitality Franchise Systems, Inc., stated that a claim of patent […]

Interdigital Communications v International Trade Commission

The Federal Circuit Court of Appeals issued an order on the question of whether a Non Practicing Entity’s licensing activity satisfied the “domestic activity” requirement of section 337 of the Tariff Act of 1930.  The Court found that: Under the clear intent of Congress and the most natural reading of the 1988 amendment, section 337 […]

The C.W. Zumbial Company, Inc. v. Kappos and Graphic Packaging International, Inc.

The Federal Circuit Court of Appeals differed to the Board of Patent Appeals and Interferences (BPAI), which is now the Patent Trial and Appeal Board (PTAB), in its findings of obviousness and non-obviousness in regards to the claims of U.S. Pat. No. 6,715,639, assigned to Marrietta, Georgia-based Graphic Packaging International, Inc.  The Federal Circuit found […]

FTC v. Watson Pharmaceuticals, Inc.

The Supreme Court on December 7, 2012 granted certiorari in the case of FTC v. Watson Pharmaceuticals, Inc..  The Supreme Court will address the question of whether a reverse-payment agreement between a pharmaceutical company patent holder and a generic pharmaceutical manufacturer is open to anti-trust attack or protected therefrom by virtue of the exclusionary protections of […]