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AIPLA files Amicus Brief in Nautilus v. Biosig Instruments re: Definiteness

The American Intellectual Property Law Association (AIPLA) has filed an Amicus Brief (friend of the court)in Biosig Instruments, Inc. v. Nautilus , 2012-1289 (April 26, 2013, CAFC).  A link to the US Supreme Court docket on the appeal is found here. The Federal Circuit reversed a district court decision that a patent claim to a […]

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Law - Dictionary Series

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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160_F_4389822_VOUCOhZfiNrdd6LGlGKtaY3pzi7lDuiY

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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Shionogi

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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Noah v Intuit

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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