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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February 14, 2007

DISTRICT COURT PATENT PILOT PROGRAM

We reported in this space last September on a bill establishing a pilot program aimed at better treatment of patent cases in district courts. That bill, H.R. 34, was introduced by Reps. Darrell Issa (R.Cal.) and Adam Schiff (D.Cal.). It was the same bill that passed the House last year as H.R. 5418 but eventually died with the 109th Congress....

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February 05, 2007

Federal Courts Can't Use Supplemental Jurisdiction To Hear Claims Under Foreign Patents

Dr. Jan Voda held American and foreign patents on his angioplasty catheter technology. He sued Cordis (a subsidiary of Johnson & Johnson) in the Western District of Oklahoma for infringing his U.S. patent, and then tried to use the supplemental jurisdiction statute (28 U.S.C. § 1367) to get the court to hear claims that Cordis infringed his foreign patents also....

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