Federal Circuit Reaffirms That Form 18 is the Appropriate Standard in Evaluating a Complaint for Direct Patent Infringement

On April 18, 2013, the U.S. Court of Appeals for the Federal Circuit issued an opinion in K-Tech Communications Inc. v. Time Warner Cable Inc. & DirecTV (Fed Cir. 2013). K-Tech Communications, the plaintiff-appellant, appealed from the US District Court for the Central District of California’s dismissal of its patent infringement complaint for failure to… Continue reading

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Virginia Appellate Court reverses Summary Judgment Against Google for Key Word Advertising

In April 2012, the U.S. Court of Appeals for the Fourth Circuit decided the keyword advertising case Rosetta Stone Ltd. v. Google Inc. 676 F.3d. 144 (4th Cir., April 9, 2012). The plaintiff-appellant, Rosetta Stone, appealed from a judgment of the U.S. District Court for the Eastern District of Virginia. In its opinion, the… Continue reading

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Ninth Circuit Clarifies Requirements of DMCA Safe Harbor Provision in Veoh Networks Case

In March, the Ninth Circuit issued a revised opinion in UMG Recordings Inc. v. Shelter Capital LLC and Veoh Networks Inc.  No. 09—55902 (9th Cir. 2013). In its opinion, the court upheld the district court’s granting of the defendant’s motion for summary judgment because it was protected from a… Continue reading

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Federal Circuit Limits Scope of Claims Based on the Specification and Prosecution History Estoppel

On April 4, 2013, the US Court of Appeals for the Federal Circuit decided Bruce N. Saffran, M.D. v. Johnson & Johnson and Cordis Corporation. No. 2012-1043 (Fed. Cir. 2013). In its opinion, written by Judge Lourie, the Federal Circuit reversed the judgment of the US District for the Eastern District of Texas because… Continue reading

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Federal Circuit Clarifies the Description Requirements for a Patent Design Continuation Application

On March 26, 2013, the U.S. Court of Appeals for the Federal Circuit decided In re Owens et al No. 2012-1261 (Fed. Cir. 2013). In its opinion, written by Judge Prost, the Federal Circuit affirmed the rejection of the appellant’s design patent continuation application because its claims were not supported by an… Continue reading

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