1. Classen Immunotherapies,
Inc. v. Biogen Idec, 2006-1634, 2006-1649, UNITED STATES COURT OF APPEALS
FOR THE FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 18126, August 31, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Patents
for method of immunizing that lowered risk of immune-mediated disease did not
involve ineligible subject matter as abstract ideas under 35 U.S.C.S. § 101,
since patents were directed to method of lowering risk of immune-mediated
disorders, including physical step of immunization on determined schedule, as
specific, tangible application.
CORE TERMS: patent,
immunization, subject matter, disorder, chronic, eligibility, summary judgment,
immune-mediated, infringement, immunizing ...
2. AIA Eng'g Ltd. v.
Magotteaux Int'l S/A, 2011-1058, UNITED STATES COURT OF APPEALS FOR THE
FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 18125, August 31, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Because
the district court erred in construing patent claim terms, and under a correct
construction the reissue prosecution did not broaden the claims at issue, the
test for impermissible recapture under 35 U.S.C.S. § 251 was not met, and the
district court erred by invalidating the reissued claims of the patent-in-suit
on that basis.
CORE TERMS: solid
solution, ceramic, composite, homogeneous, pad, specification, reissue, wear,
patent, porous ...
3. Star Sci., Inc. v. R.J.
Reynolds Tobacco Co., 2010-1183, UNITED STATES COURT OF APPEALS FOR THE
FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 17826, August 26, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Where
the patents in suit were improperly found to be invalid under 35 U.S.C.S. §
103(a), the written description of the applications were too indefinite to
inform one of ordinary skill in tobacco curing of the bounds of the claim, as
required by 35 U.S.C.S. § 112.
CORE TERMS: curing,
patent, tobacco, barn, skill, prior art, infringement, conventional, formation,
invention ...
4. Unigene Labs., Inc. v.
Apotex, Inc., 2010-1006, UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT, 2011 U.S. App. LEXIS 17762, August 25, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Where
the patented nose spray product's formula claimed in its invention was not
obvious under 35 U.S.C.S. § 103(a), because a person of ordinary skill would
not select and combine the prior art references to reach the claimed
composition or formulation. Any error was insufficient to implicate the
crime-fraud exception.
CORE TERMS: calcitonin,
citric acid, salmon, patent, skill, prior art, pharmaceutical, composition,
liquid, nasal ...
5. Delano Farms Co. v. Cal.
Table Grape Comm'n, 2010-1546, UNITED STATES COURT OF APPEALS FOR THE
FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 17685, August 24, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Grape
growers who brought claims challenging the validity and enforceability of
patents owned by the USDA could pursue their claims because the claims sought
declaratory relief based on the agency's official acts and the waiver of
sovereign immunity in 5 U.S.C.S. § 702 was broad enough to allow them to pursue
such equitable relief.
CORE TERMS: patent,
sovereign immunity, agency action, sweet, judicial review, patented, grower,
waive, cause of action, license ...
6. Genetics Inst., LLC v.
Novartis Vaccines & Diagnostics, Inc., 2010-1264, UNITED STATES COURT
OF APPEALS FOR THE FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 17513, August 23,
2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: In
an interfering patents suit under 35 U.S.C.S. § 291, the district court did not
err in finding that there was no interference in fact as to any of the
allegedly interfering patent claims because the district court correctly found
that the two-way test for interference was not satisfied given that obviousness
of the claims was not shown.
CORE TERMS: patent,
protein's, amino acid, genetic, region, compound, prior art, deletion,
invention, obviousness ...
7. CyberSource Corp. v. Retail
Decisions, Inc., 2009-1358, UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT, 2011 U.S. App. LEXIS 16871, August 16, 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 patent claims addressed to detecting fraud in
online credit card transactions failed to meet the machine-or-transformation
test, or otherwise recite patent-eligible subject matter under 35 U.S.C.S. §
101, because it was clear that unpatentable mental processes were the subject
matter of the claims.
CORE TERMS: credit
card, unpatentable, cybersource, machine, patent-eligible, patent, map, mental
process, abstract ideas, readable ...
8. CBT Flint Partners, LLC v.
Return Path, Inc., 2010-1202, 2010-1203, UNITED STATES COURT OF APPEALS FOR
THE FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 16499, August 10, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Patent
claim was not indefinite under 35 U.S.C.S. § 112, para. 2 because there was an
obvious and correctable error. Had the district court considered possible
corrections from the point of view of one skilled in the art, it would have
realized that they all resulted in the same reading, which had sufficient
support in the specification.
CORE TERMS: sending,
correction, e-mail, detect, patent, specification, programmed, summary
judgment, electronic mail, unauthorized ...
9. MHL TEK, LLC v. Nissan
Motor Co., 2010-1287, 2010-1317, 2010-1318, UNITED STATES COURT OF APPEALS
FOR THE FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 16500, August 10, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Plaintiff
in a patent infringement case lacked standing to assert rights as to any of
three patents because when the inventors assigned their Parent Application to a
different third party, they assigned all interests in the inventions and
discoveries in that application, and that included the inventions that were
claimed in a third patent.
CORE TERMS: patent,
invention, tire, signal, sensor, path, assigned, parameter, monitoring,
electromagnetic ...
10. In re NTP, Inc.,
2010-1243, 2010-1254, 2010-1263, 2010-1274, 2010-1275, 2010-1276, 2010-1278,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2011 U.S. App. LEXIS
15814, August 1, 2011, Decided, Decision reached on appeal by In re NTP, Inc.,
2011 U.S. App. LEXIS 15816 (Fed. Cir., Aug. 1, 2011) [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Court
of appeals vacated Board of Patent Appeals and Interferences' decisions as to
the invalidity of patents that described a system for sending information from
an originating processor to a destination processor using a radio frequency
receiver because the Board did not apply the correct construction of
"electronic mail message" to prior art.
CORE TERMS: electronic
mail, message, processor, network, destination, originated, transmission,
originating, interface, invention ...
....
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