1. Becton,
Dickinson & Co. v. Tyco Healthcare Group, LP, 2009-1053, 2009-1111, UNITED
STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2010 U.S. App. LEXIS 15609,
July 29, 2010, Decided
OVERVIEW:
In a patent
infringement case, because the district court incorrectly construed the
"spring means" limitation of asserted claims in a patent involving
safety needle construction, the district court erred in denying a motion for
judgment as a matter of law by the maker of accused products after a jury found
the maker's products literally infringed.
CORE
TERMS: spring,
needle, hinged, arm, guard, hinge, cannula, infringement, tip, energy ...
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2. Sun
Pharm. Indus. v. Eli Lilly & Co., 2010 -1105, UNITED STATES COURT OF
APPEALS FOR THE FEDERAL CIRCUIT, 2010 U.S. App. LEXIS 15552, July 28, 2010,
Decided
OVERVIEW:
Where the claims
of the patent in suit claiming a method of treating cancer with an effective
amount of a class of nucleosides, including gemcitabine, was invalid for
obviousness-type double patenting, and declaratory relief in favor of a generic
manufacturer, under 35 U.S.C.S. § 101.
CORE
TERMS: specification,
patent, compound, earlier patent, gemcitabine, patenting, double,
obviousness-type, treating, disorders ...
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3. Wyers
v. Master Lock Co., 2009-1412, UNITED STATES COURT OF APPEALS FOR THE
FEDERAL CIRCUIT, 2010 U.S. App. LEXIS 15271, July 22, 2010, Decided
OVERVIEW:
District court
erred in holding that asserted claims were not obvious, 35 U.S.C.S. § 103(a), where
prior art references were in the same field of endeavor as the patented
inventions, it was common sense to combine the prior art references to arrive
at the inventions, and secondary considerations could not overcome a prima
facie case of obviousness.
CORE
TERMS: patent,
lock, prior art, sleeve, locking, seal, pin, hitch, obviousness, invention ...
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4. In
re Adams, 2010-1074, UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT, 2010 U.S. App. LEXIS 15281, July 21, 2010, Decided, DECISION
WITHOUT PUBLISHED OPINION
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5. Paradox
Sec. Sys. v. ADT Sec. Servs., 2010-1012, UNITED STATES COURT OF APPEALS FOR
THE FEDERAL CIRCUIT, 2010 U.S. App. LEXIS 15553, July 19, 2010, Decided
OVERVIEW:
Where the
patentee was unable to identify a specific structure in the accused devices for
controllably providing a low level DC bias signal limitation, it could not show
that the accused product was the same or equivalent to the patented product,
and thus could not show infringement under 35 U.S.C.S. § 271.
CORE
TERMS: signal,
bias, input, circuitry, opto-coupler, schematic, telephone lines, coupler,
coupled, monitoring ...
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6. In
re Miyabi Nakamura, 2010-1350, UNITED STATES COURT OF APPEALS FOR THE
FEDERAL CIRCUIT, 2010 U.S. App. LEXIS 15564, July 15, 2010, Decided, July 15,
2010, Filed
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7. Bluetooth
SIG Inc. v. United States, No. 08-35312, UNITED STATES COURT OF APPEALS FOR
THE NINTH CIRCUIT, 2010 U.S. App. LEXIS 13927; 106 A.F.T.R.2d (RIA) 5163, July
9, 2009, Argued and Submitted, Seattle, Washington, July 8, 2010, Filed
OVERVIEW:
Nonprofit
corporation that owned and marketed a wireless networking protocol and
trademark was not a business league and was therefore not exempt from taxation
under 26 U.S.C.S. § 501(c)(6). The corporation engaged in a business ordinarily
conducted for profit and engaged in particular, non-incidental services for its
member manufacturers.
CORE
TERMS: league,
plywood, incidental, trademark, manufacturer, certification, advertising, lines
of business, technology, wireless ...
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SIG Inc. v. United States
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8. Taylor
v. United States PTO, 2010-1165, UNITED STATES COURT OF APPEALS FOR THE
FEDERAL CIRCUIT, 2010 U.S. App. LEXIS 13894, July 8, 2010, Decided, THIS DECISION
WAS ISSUED AS UNPUBLISHED OR NONPRECEDENTIAL AND MAY NOT BE CITED AS PRECEDENT.
PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE
CITATION TO UNPUBLISHED OPINIONS.
OVERVIEW:
Judgment on
remand properly awarded a patentee equitable relief for wrongful retention of a
patent maintenance without awarding damages since a prior dismissal encompassed
the patentee's request for damages which the patentee did not appeal, and the
judgment fully complied with the mandate to award only equitable relief.
CORE
TERMS: patent,
billion, maintenance fee, outstanding, refund, opening brief, reinstate,
monetary relief, arbitrary and capricious, reply brief ...
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9. In
re Giacomini, 2009-1400, UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT, 2010 U.S. App. LEXIS 13804, July 7, 2010, Decided
OVERVIEW:
Board of Patent
Appeals and Interferences properly rejected certain claims as anticipated under
35 U.S.C.S. § 102(e) although an application was filed one month before an
anticipatory reference because the anticipatory reference had a
patent-defeating effect as of the filing date of a provisional application
under 35 U.S.C.S. § 119(e).
CORE
TERMS: patent,
provisional, filing date, invention, cache, inventor, prior art,
patent-defeating, application filed, non-provisional ...
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10. Haywood
v. Locke, No. 09-1604, UNITED STATES COURT OF APPEALS FOR THE FOURTH
CIRCUIT, 2010 U.S. App. LEXIS 13757, May 12, 2010, Argued, July 6, 2010,
Decided, PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1
GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.
OVERVIEW:
Because current
and former employees of federal employer did not establish that they were
similarly situated to their alleged comparator, a white employee, they did not
make out a prima facie case of racially discriminatory failure-to-promote under
Title VII, and the district court properly granted summary judgment for the
employer on these claims.
CORE
TERMS: promotion,
comparator, similarly situated, patent, prima facie case, summary judgment,
grade, accretion-of-duties, personnel, temporary ...
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