April 07, 2008

Medimmune, the Next Chapter: Federal Circuit Determines Generics Have Standing to Seek Declaratory Judgment Despite Covenant Not to Sue

In a decision that balances the provisions of the Hatch-Waxman Act with the “case or controversy” mandate of the U.S. Constitution, the Federal Circuit recently opened the door a little wider for declaratory judgment actions brought by potential infringers – at least as in matters relating to pharmaceutical products. Specifically, the court held in Caraco Pharmaceutical Laboratories, Inc, Ltd. v....

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March 26, 2008

Court Allows Stanford to Belatedly Amend Infringement Contentions

In a recent decision addressing the Patent Local Rules of the Northern District of California, Judge Patel granted Stanford University leave to amend its infringement contentions to reach a third product of defendant Roche Molecular Systems (called "TaqMan"). The product had been approved for sale in the United States several months after Stanford had submitted its preliminary infringement contentions pursuant...

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March 04, 2008

The Federal Circuit to Reconsider Patentability Standard

Ten years ago, the U.S. Court of Appeals for the Federal Circuit ushered in an era of expanded patentability when it issued its decision in State Street Bank & Trust Co. v. Signature Financial Group, Inc., 149 F.3d 1368 (Fed. Cir. 1998). The State Street panel held that patent laws do not strictly bar the patentability of “business methods” and...

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February 29, 2008

eBay and MercExchange Settle Long-Standing Patent Dispute

eBay and MercExchange have agreed to settle what has become one of the most important patent infringement cases in recent memory. According to a press release issued by eBay yesterday, "[a]s part of the settlement, eBay will purchase all three patents involved in the lawsuit, as well as some additional related technology and inventions and a license to another search-related...

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February 21, 2008

Northern District of California Modifies Local Patent Rules

The local patent rules for the Northern District of California have always been viewed both by those in our district as well as other patent lawyers and judges as the leading edge for thoughtful and efficient management of patent litigation. These modifications are the result of several years of experience with the local rules and responding to perceived need to...

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May 03, 2007

A 9-0 Decision By The Supreme Court Knocks Down “Rigid” TSM Test for Obviousness

As we reported to you after oral argument in KSR Int’l Co. v. Teleflex Inc. et al., last November, the Supreme Court seemed skeptical that the Federal Circuit’s use of the “teaching, suggestion, or motivation” (“TSM”) test for obviousness was appropriate, calling it at various times “gobbledygook” and “worse than meaningless.” Monday's unanimous decision, authored by Justice Kennedy, outlines the...

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May 01, 2007

Supreme Court Limits Microsoft's Exposure

In a 7-1 decision (with Chief Justice Roberts not participating) in a case the IP Blawg has been following, the Supreme Court today held that Microsoft cannot be liable for patent infringement for Windows software that is sent overseas on a master disk, copied outside of the U.S. and then installed via those copies onto computers made offshore. Microsoft Corp....

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April 16, 2007

Impact Of eBay Continues To Be Felt As Federal Circuit Vacates Grant Of Permanent Injunction

In only the most recent example of the wide-reaching impact of the Supreme Court’s 2006 decision in eBay Inc. v. MercExchange, LLC, the Federal Circuit last week applied eBay to vacate and remand a grant of permanent injunction. Although it affirmed the district court's findings of infringement and willfulness, in Acumed LLC v. Stryker Corp. (Fed. Cir. April 12, 2007),...

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March 15, 2007

Music Copyrights Being Enforced On Campus

Colleges are turning into an IP battleground. Many of them now provide their students with computer terminals and network and Internet access. When the students then use them to share files with copyrighted songs or video games, the college authorities find themselves in the unlikely and uncomfortable position of enforcing the intellectual property rights of outside corporations against their own...

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March 02, 2007

Microsoft v. AT&T Argued in the High Court

We've been following the patent litigation in Microsoft Corp. v. AT & T Corp., now in the U.S. Supreme Court. The relevant statute, 35 U.S.C. § 271(f), forbids “supplying” a “component” of a patented invention with intent that it be “combined” with other components overseas in a way that would be illegal if done domestically. Microsoft sent “golden master disks”...

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