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Federal Circuit Decides That a Cross-Appeal is Required for District Court to Consider Patent Validity on Remand

On April 19, 2013, the U.S. Court of Appeals for the Federal Circuit decided Lazare Kaplan Int’l Inc. v. Photoscribe Technologies Inc.. (Fed. Cir. 2013). In its opinion, the Federal Circuit reversed the district court’s granting of relief under Rule 60 (b) and vacated its finding of patent invalidity because the prior judgment as to [...]

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Federal Circuit Reaffirms Structure Requirements for Means-Plus-Function Claims

On February 13, 2013, the U.S. Court of Appeals for the Federal Circuit issued its opinion in Function Media, L.L.C v. Google Inc., __ F.3d __ (Fed. Cir. 2013). In the decision, written by Judge Reyna, the Federal Circuit affirmed the district court’s invalidation of one of the plaintiff’s patents as indefinite. The court found that [...]

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Federal Circuit Vacates Preliminary Injunction Again in Shionogi v. Lupin

  On July 2, 2012, the US Court of Appeals for the Federal Circuit issued a decision in the case Sciele Pharma Inc. et al. (now “Shionogi”) v. Lupin Ltd. et al. (“Lupin).  In the decision, the Federal Circuit, for a second time, vacated a preliminary injunction issued by the District Court for the District [...]

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An Algorithm for Every Function

On April 9, 2012, the U.S. Court of Appeals for the Federal Circuit upheld the U.S. District Court for the Western District of Pennsylvania’s decision to invalidate patent claims asserted by Noah Systems, Inc. (“Noah”) against Intuit, Inc. (“Intuit”), because the claims were indefinite.  At the center of this case was U.S. Patent No. 5,875,435 [...]

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Federal Circuit Upholds Obviousness Rejection in In re Mouttet

On June 26, 2012, the U.S. Court of Appeals for the Federal Circuit upheld the decision of the USPTO Board of Patent Appeals and Interferances (the “Board”) to deny all claims pending in U.S. Patent Application No. 11/385,232 (“Application ‘232”).  Application ‘232, entitled “Crossbar Arithmetic Processor,” discloses a computing device for processes such as addition, [...]

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