Kirtsaeng v. John Wiley & Sons, Inc.
The Supreme Court held that "the 'first sale' doctrine applies to copies of a copyrighted work lawfully made abroad." Here, Kirtsaeng bought copies of a book made abroad under license from John Wiley & Sons, imported the books…more
I write to dispel any doubt whether the Court’s denial of certiorari should be understood to signal our tolerance of a federal prosecutor’s racially charged remark. It should not…more
WASAVP v State of Washington
This court was asked to determine whether Initiative 1183 (I-1183) violates the single-subject and subject-in-title rules found in article II, section 19 of the Washington State Constitution. I-1183 removes the State from the…more
Commonwealth of Massachusetts v. US...
The First Circuit affirmed the following lower court judgment:
"The Department of Justice defended DOMA in the district court but, on July 8, 2010, that court found section 3 unconstitutional under the Equal Protection…more
There are no limitations on a patent applicant’s ability to introduce new evidence in a §145 proceeding beyond those already presentin the Federal Rules of Evidence and the Federal Rules of Civil Procedure. If new evidence is…more
Mayo Collaborative Services v...
Because the laws of nature recited by Prometheus’ patent claims—the relationships between concentrations of certain metabolites in the blood and the likelihood that a thiopurine drug dosage will prove ineffective or cause…more
Federal Circuit affirmed cancellation of the plaintiff's trademark registration as a sanction for repeated failure to provide requested discovery and comply with TTAB procedures.
"Default judgment may be warranted in cases of…more
The Federal Circuit's Order dismissing FLFMC's appeal of the lower court's dismissal of FLFMC's false marking case against Wham-O. The lower court based its decision on FLFMC's alleged lack of standing, which was recently…more
Mondis Technology Ltd. v. Chimei...
Before the Court is Mondis Technology, Ltd.?s (“Mondis”) motion for supplemental damages for 2011 sales and for an ongoing royalty rate. (Dkt. No. 1.) The Court GRANTS-in-part and DENIES-in-part Mondis's motion. The Court awards…more
Classen Immunotherapies, Inc. v....
The Federal Circuit reconsidered its decision in Classen Immunotherapies v. Biogen Idec after its first decision was vacated by the Supreme Court in view of Bilski.
On remand, the Federal Circuit (Rader + Newman) found 2 of 3…more
Microsoft Corp. v. i4i Limited...
In asserting patent invalidity as a defense to an infringement action, an alleged infringer must contend with §282 of the Patent Act of 1952 (Act), under which “[a] patent shall be presumed valid” and “[t]he burden of…more
On May 31, the U.S. Supreme Court clarified the level of knowledge required to establish inducement of patent infringement under 35 U.S.C. § 271(b), which provides that “[w]hoever actively induces infringement of a patent shall…more
GLOBAL-TECH APPLIANCES, INC., ET AL....
The Supreme Court decided Global-Tech v. SEB to review the law of induced patent infringement. The Court's holdings:
1) Induced infringement under §271(b) requires knowledge that the induced acts constitute patent…more
Therasense, Inc. v. Becton, Dickinson...
The Federal Circuit took Therasense en banc to clarify the state of the law on inequitable conduct in patent procurement. The Federal Circuit's decision makes it much harder to prevail on an inequitable conduct defense. Some…more
McKesson Techs v. Epic Systems
McKesson Technologies Inc. (“McKesson”) appeals the district court’s grant of Epic Systems Corporation’s (“Epic”) renewed motion for summary judgment of noninfringement of claims 1-10, 12-14, and 16-18 of…more
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