1. 01 Communique Lab. v. Logmein,
Inc., 2011-1403, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012
U.S. App. LEXIS 15803, July 31, 2012, Decided [enhanced version available to lexis.com subscribers]
CORE TERMS: server,
personal computer, locator, remote, specification, channel, patent's, dynamic,
examiner, distributed among ...
2. Grober v. Mako Prods.,
2010-1519, 2010-1527, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT,
2012 U.S. App. LEXIS 15721, July 30, 2012, Decided [enhanced version available to lexis.com subscribers]
CORE TERMS: platform,
payload, sensor, personal jurisdiction, patent, package, camera, summary
judgment, prior art, reexamination ...
3. In re Antor Media Corp.,
2011-1465, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S.
App. LEXIS 15637, July 27, 2012, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: Claims
of a patent related to a method and apparatus for transmitting information
recorded on digital disks from a central server to subscribers via a network
were properly rejected as anticipated and obvious, since prior art references
were enabling and sufficiently disclosed the use of a high data rate telecommunications
network.
CORE TERMS: network,
prior art, patent, telecommunication, disclosure, disclose, invention,
controller, enabling, server ...
4. Bancorp Servs., L.L.C. v. Sun
Life Assur. Co. of Canada, 2011-1467, UNITED STATES COURT OF APPEALS FOR THE
FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 15488, July 26, 2012, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: Patent
claims were invalid under 35 U.S.C.S. § 101 as directed to patent-ineligible
abstract ideas because, without the computer limitations, nothing remained in
the claims but the abstract idea of managing a stable value protected life
insurance policy by performing calculations and manipulating the results.
CORE TERMS: life
insurance policies, patent, stable, abstract idea, calculating, subject matter,
calculation, invention, managing, medium ...
5. Orenshteyn v. Citrix Sys.,
2011-1308, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S.
App. LEXIS 15507, July 26, 2012, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: Court
of appeals refused to exercise jurisdiction under 28 U.S.C.S. § 1292 over
patent holder's appeal from district court's order imposing sanctions on the
patent holder because the district court had not made a final determination
regarding amount of sanctions and deciding issue was not appropriate under
tests the U.S. Supreme Court had adopted.
CORE TERMS: pendent,
attorney's fees, pendent jurisdiction, appealable, unquantified, final
judgment, summary judgment, inextricably intertwined, interlocutory, sanctions
order ...
6. In re K-Dur Antitrust Litig.,
No. 10-2077, No. 10-2078, No. 10-2079; No. 10-4571, UNITED STATES COURT OF
APPEALS FOR THE THIRD CIRCUIT, 2012 U.S. App. LEXIS 14527, December 12, 2011,
Argued, July 16, 2012, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: In
action challenging legality of reverse payment settlements under Sherman Act,
grant of summary judgment to defendants was reversed as court applied scope of
patent test and court was directed to apply quick look rule of reason analysis
based on economic realities of reverse payment settlement rather than the
labels applied by settling parties.
CORE TERMS: patent,
generic, antitrust, settlement, manufacturer, ftc, special masters, holder,
class members, pharmaceutical ...
7. Rates Tech., Inc. v.
Speakeasy, Inc., Docket No. 11-4462-cv, UNITED STATES COURT OF APPEALS FOR THE
SECOND CIRCUIT, 2012 U.S. App. LEXIS 14087, May 14, 2012, Argued, July 10,
2012, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: Dismissal
of a suit alleging violation of a no-challenge provision in settlement
agreement was proper because a clause in a settlement agreement that barred a
patent licensee from later challenging the patent's validity was void for
public policy reasons if the settlement was entered into prior to the
initiation of litigation between the parties.
CORE TERMS: patent,
settlement, no-challenge, licensee, infringement, invalid, settlement
agreement, public interest, challenging, patent infringement ...
8. Preston v. Marathon Oil Co.,
2011-1013, 2011-1026, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT,
2012 U.S. App. LEXIS 14096, July 10, 2012, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: Employee's
commitment in an employment agreement to assign his rights to intellectual
property to his employer was valid because, under Wyoming law, continuing the
employment of an existing at-will employee constituted adequate consideration
to support an agreement containing an intellectual property-assignment
provision.
CORE TERMS: invention,
baffle, intellectual property, patent, manifold, assign, resonating, conceived,
methane, employment agreement ...
9. CLS Bank Int'l v. Alice Corp.
Pty., 2011-1301, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012
U.S. App. LEXIS 13973; 103 U.S.P.Q.2D (BNA) 1297, July 9, 2012, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: Patent
directed to a computerized trading platform for exchanging obligations in which
a third party settled obligations so as to eliminate risk was not just drawn to
mere "abstract ideas" but rather was directed to practical applications
of invention falling within the categories of patent eligible subject matter
defined by 35 U.S.C.S. § 101.
CORE TERMS: patent,
abstract ideas, invention, shadow, subject matter, debit, eligible,
eligibility, machine, patentable ...
10. Sciele Pharma, Inc. v. Lupin
Ltd., 2012-1228, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012
U.S. App. LEXIS 13513; 103 U.S.P.Q.2D (BNA) 1250, July 2, 2012, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: In
a patent infringement case, because the district court incorrectly concluded
that appellants failed to raise a substantial question of obviousness under 35
U.S.C.S. § 103 due to the fact that the prior art was considered by the PTO, it
abused its discretion by issuing a preliminary injunction enjoining appellants
from selling their product.
CORE TERMS: max,
patent, preliminary injunction, prior art, obviousness, upper, clear and
convincing evidence, burden of proof, cancelled, discloses ...
....
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