Last Month at the Federal Circuit - January 2010


In This Issue:


..Federal Circuit Again Orders Transfer from Eastern District of Texas In re Hoffmann-La Roche Inc. No. 09-M911 (Fed. Cir. Dec. 2, 2009)

..Finding a Patent Obvious Using Common Sense Requires Reasoning Articulated with Clarity Perfect Web Technologies, Inc. v. InfoUSA, Inc. No. 09-1105 (Fed. Cir. Dec. 2, 2009)

..When a Claim Element Is Undetectable in a Product, a Patent May Not Be Unenforceable Due to Laches Ultimax Cement Manufacturing Corp. v. CTS Cement Manufacturing Corp.

..Implied Assertion of Patent Rights Sufficient to Give Rise to DJ Jurisdiction Hewlett-Packard Co. v. Acceleron LLC No. 09-1283 (Fed. Cir. Dec. 4, 2009)

..Don’t Quote the District Court: Federal Circuit Reverses SJ Decisions on Invalidity and Infringement in Light of Issues of Material Fact Source Search Technologies, LLC v. LendingTree, LLC Nos. 08-1505, -1524 (Fed. Cir. Dec. 7, 2009)

..Suit Dismissed Based on Prior Agreements for Failure to Prove Ownership of Patents Tyco Healthcare Group LP v. Ethicon Endo-Surgery, Inc. Nos. 08-1269, -1270 (Fed. Cir. Dec. 7, 2009)

..Court Upholds SJ of Noninfringement Where Patentee Did Not Link Its Expert’s Statements Regarding Claimed Structures to Elements in the Accused Device Intellectual Science & Technology, Inc. v. Sony Electronics, Inc. No. 09-1142 (Fed. Cir. Dec. 15, 2009)

..Ordinary Observer Test Is the Sole Test for Anticipation of Design Patents International Seaway Trading Corp. v. Walgreens Corp. No. 09-1237 (Fed. Cir. Dec. 17, 2009)

..Federal Circuit Orders Transfer from Eastern District of Texas Yet Again In re Nintendo Co. No. 09-M914 (Fed. Cir. Dec. 17, 2009)

..Permanent Injunction Against Microsoft Is Proper Where Scope of Injunction Is Narrow and Monetary Damages Are Inadequate i4i Limited Partnership v. Microsoft Corp. No. 09-1504 (Fed. Cir. Dec. 22, 2009), ...and more

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