Patent

December 31, 2008

Federal Circuit's New Decision - In re Tech Decision

On December 29, 2008, the United States Federal Circuit Court of Appeals issued the extraordinary remedy of a writ of mandamus in In re TS Tech USA Corp. et al. (“TS Tech USA”) (Misc. Dkt. No. 888) to reverse the denial of a motion to transfer a patent infringement action from the Eastern District of Texas to the Southern District...

Read the Article | Comments (0) | TrackBack | Posted in Patent

December 11, 2008

Intellectual Property Litigation Database Launched by Stanford University

With much fanfare, the Stanford Law School Intellectual Property Litigation Clearinghouse (“IPLC”) was launched on December 1. The IPLC is a searchable online database that provides statistical information on patent lawsuit filings and outcomes since 2000. The database also includes copyright and trademark suits, although there is not yet statistical information available on those types of cases, and will in...

Read the Article | Comments (0) | TrackBack | Posted in Patent

October 15, 2008

In re Volkswagen AG, 5th Cir, No. 07-40058 (October 10, 2008)

On Friday October 10, in a split 10-7 en banc decision, the 5th Circuit issued a writ of mandamus ordering Eastern District Judge John Ward to transfer a product liability case against Volkswagen to Dallas, where the car crash in the underlying case took place. Judge T. John Ward, who is generally credited with helping establish Marshall Texas as the...

Read the Article | Comments (0) | TrackBack | Posted in Patent

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....

Read the Article | Comments (0) | TrackBack | Posted in Patent

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...

Read the Article | Comments (0) | TrackBack | Posted in Patent

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...

Read the Article | Comments (1) | TrackBack | Posted in Patent

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...

Read the Article | Comments (0) | TrackBack | Posted in Patent

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...

Read the Article | Comments (0) | TrackBack | Posted in Patent

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...

Read the Article | Comments (3) | TrackBack | Posted in Patent

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....

Read the Article | Comments (3) | TrackBack | Posted in Patent

Next »