Top 10 Patent Cases for the Month of July 2012

Top 10 Patent Cases for the Month of July 2012

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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