1. Eon-Net LP v. Flagstar
Bancorp, 2009-1308, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT,
2011 U.S. App. LEXIS 15650, July 29, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
CORE TERMS: hard
copy, patent, written description, infringement, invention, processing,
baseless, exceptional case, originating, input ...
2. Ass'n for Molecular
Pathology v. United States PTO, 2010-1406, UNITED STATES COURT OF APPEALS
FOR THE FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 15649, July 29, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
CORE TERMS: patent,
isolated, gene, sequence, molecule, nucleotide, patentable, testing, chemical,
subject matter ...
3. Georgia-Pacific Consumer
Prods. LP v. Kimberly-Clark Corp., No. 10-3519, UNITED STATES COURT OF
APPEALS FOR THE SEVENTH CIRCUIT, 2011 U.S. App. LEXIS 15558, June 6, 2011,
Argued, July 28, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
CORE TERMS: patent,
quilted, diamond, functional, trademark, functionality, toilet paper, tissue,
utilitarian, lattice ...
4. In re Lovin, 2010-1499,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2011 U.S. App. LEXIS
15264, July 22, 2011, Decided [enhanced version available
to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Because
Board of Patent Appeals and Interferences reasonably interpreted 37 C.F.R. §
41.37(c)(1)(vii) to require more substantive arguments in an appeal brief than
a mere recitation of claim elements and a naked assertion that corresponding
elements were not found in prior art, the Board did not err in refusing to
separately address certain claims.
CORE TERMS: separately,
prior art, patentability, examiner's, subheading, recite, rejected claims,
corresponding, predecessor, patentable ...
5. Duramed Pharms., Inc. v.
Paddock Labs., Inc., 2010-1419, UNITED STATES COURT OF APPEALS FOR THE
FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 14864, July 21, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: District
court did not err in holding that prosecution history estoppel barred
patentee's allegations of infringement under 35 U.S.C.S. § 271(e)(2) because
during prosecution the patentee narrowed the scope of the patent's claims in
response to a prior art rejection and the patentee failed to rebut the
presumption of prosecution history estoppel.
CORE TERMS: moisture,
coating, pharmaceutical, barrier, composition, foreseeability, foreseeable,
disclose, patent, conjugated ...
6. USPPS, Ltd. v. Avery
Dennison Corp., No. 10-50612, UNITED STATES COURT OF APPEALS FOR THE FIFTH
CIRCUIT, 2011 U.S. App. LEXIS 14736, July 19, 2011, Filed [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Because
the case raised substantial issues of patent law and the issues of patent law
involved a sufficiently substantial federal interest to permit federal
jurisdiction over a state-law tort, jurisdiction rested exclusively in the U.S.
Court of Appeals for the Federal Circuit pursuant to 28 U.S.C.S. § 1295(a), and
the appeal was transferred.
CORE TERMS: patent,
patent law, malpractice, federal interest, federalism, state-law, breach of
fiduciary duty, federal jurisdiction, royalty, substantial question ...
7. General Protecht Group,
Inc. v. Leviton Mfg. Co., 2011-1115, UNITED STATES COURT OF APPEALS FOR THE
FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 13899, July 8, 2011, Decided, As Corrected July 13, 2011. [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Litigation
of patent and license issues brought before the International Trade Commission
pursuant to 19 U.S.C.S. § 1337, was properly enjoined as subject to a forum
selection clause between the parties contained in a settlement agreement of
their prior litigation.
CORE TERMS: patent,
forum selection clause, settlement agreement, preliminary injunction, license,
infringement, implied license, covenant, licensed, irreparable harm ...
8. Retractable Techs., Inc. v.
Becton, 2010-1402, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT,
2011 U.S. App. LEXIS 13925, July 8, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Where
a reasonable jury could not have determined that an allegedly infringing 3 mL
retractable syringe met the revised definition of a "body" under the
patents in suit, that part of the jury's verdict of infringement was not
supported by substantial evidence. Prior
art did not render the claims obvious under 35 U.S.C.S. § 103(a).
CORE TERMS: needle,
syringe, specification, retainer, holder, patent, plunger, retraction,
invention, barrel ...
9. Abaxis, Inc. v. Cepheid,
Case No.: 10-CV-02840-LHK, UNITED STATES DISTRICT COURT FOR THE NORTHERN
DISTRICT OF CALIFORNIA, SAN JOSE DIVISION, 2011 U.S. Dist. LEXIS 80090, July
22, 2011, Decided, July 22, 2011, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: bead,
patent, dissolve, composition, chemical, dried, reagent, dissolution,
specification, sphere ...
10. S.O.I.TEC Silicon On
Insulator Techs., S.A. v. MEMC Elec. Materials, Inc., Civ. No. 08-292-SLR,
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE, 2011 U.S. Dist.
LEXIS 76169, July 13, 2011, Decided [enhanced version
available to lexis.com subscribers]
CORE TERMS: wafer,
patent, layer, thickness, mechanical, silicon, substrate, cleaving, ion, prior
art ...
....
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