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Articles Posted in Federal Circuit

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Apple v. Samsung: The Federal Circuit Frees the Galaxy Nexus from Siri’s Injunctive Grip

In June 2012, the United States District Court for the Northern District of California enjoined Samsung’s Galaxy Nexus smartphone because it likely infringed Apple’s 8,086,604 patent (the “‘604 patent”) and because Apple was likely to suffer irreparable harm in the absence of an injunction. Apple prevailed at the district court…

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Federal Circuit Holds That Party Seeking Declaratory Judgment of Non-Infringement Bears the Burden to Prove Non-Infringement

The U.S. Court of Appeals for the Federal Circuit vacated and remanded a Delaware court’s finding that Medtronic Inc. did not infringe Boston Scientific patents relating to cardiac rhythm therapy (CRT) devices known as implantable cardioverter defibrillators (ICDs). Medtronic, Inc. v. Boston Scientific Corp., No. 2011-1313 (Fed. Cir. September 18,…

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Apple v. Samsung: After Remand from the Federal Circuit, Apple Wins Preliminary Injunction Against Samsung

Last December, the district court in the Northern District of California denied Apple’s motion for a preliminary injunction. Apple had moved for the preliminary injunction based on alleged infringement of three design patents and one utility patent. After the denial of the preliminary injunction motion, Apple appealed the order to…

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Thereasense Round Two: Even After “Seismic Shift” in the Law of Inequitable Conduct, District Court Applies Federal Circuit’s New Standard and Still Finds Patent Invalid Due to Inequitable Conduct

On remand to the district court after the Federal Circuit’s en banc decision in Therasense v. Becton, Dickinson and Co., the district court reviewed the procedural posture of the case and the landmark Therasense decision. The district court noted that “Therasense worked a seismic shift in the law of inequitable…

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Federal Circuit Confirms That Method of Deferring Taxes Is Not Patentable

Defendant American Master Lease LLC (“AML”) appealed the decision of Judge Guilford of the Central District of California holding that all claims of U.S. Patent No. 6, 292,788 were invalid for failing to meet the subject matter eligibility requirements of Section 101 of the Patent Statute. The Federal Circuit (in…

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Plaintiff’s Motion for Summary Judgment of No Inequitable Conduct Granted Where Merely Failing to Provide References Insufficient to Establish Specific Intent to Deceive Patent and Trademark Office

The parties filed cross-motions for summary on the issue of inequitable conduct. The district court had previously denied summary judgment motions on the issue of inequitable conduct but that was prior to the Federal Circuit’s decision in Therasense, Inc. v. Becton Dickinson and Co., 649 F.3d 1276 (Fed. Circ. 2011)…

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Sanctions Awarded Against Teva Pharmaceuticals for Continuing to Press Inequitable Conduct Defense and Counterclaim After Therasense

Pfizer filed a patent infringement action against Teva Pharmaceuticals (“Teva”) over a patent that claims the use of certain chemical compounds claimed as a method to treat erectile dysfunction. During the case, Teva filed a motion to amend its answer and counterclaims to alleged a defense and counterclaim for inequitable…

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Methods Claims for E-Mail Processing Survive a Challenge to Patentability Under Bilski

Plaintiff, Innova Patent Licensing, LLC (“Innova”) filed a patent infringement action against Alcatel-Lucent Holdings (“Alcatel”) for a patent claiming methods for using a mail processing program to scan electronic messages to obtain additional information. Alcatel challenged the patent on the ground that it did not claim eligible subject matter under…

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Inequitable Conduct Claim Survives Motion to Dismiss Because Allegations Permitted a Plausible Inference of Intent to Deceive

Plaintiff AlmondNet, Inc. filed a patent infringement action against Microsoft Corporation based on four patents pertaining to Internet advertising. Microsoft filed several affirmative defenses and counterclaims against AlmondNet, including a defense and counterclaim that AlmondNet engaged in inequitable conduct before the PTO by failing to disclose three articles related to…

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TiVo Raises Claims of Inequitable Conduct That Survive Dismissal

TiVo filed a patent infringement action against Verizon and Verizon counterclaimed alleging that TiVo infringed six of its patents. TiVo raised inequitable conduct counterclaims against certain of the Verizon patents. Verizon filed a motion to dismiss, which the district court granted under the principles set forth in Exergen Corp. v.…

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