Posts from ‘United States: Patents’
In Koninklijke Philips Electronics N.V. v. Cardiac Science Operating Company, the United States Court of Appeals for the Federal Circuit (“CAFC”) reversed and remanded the United States District Court for the Western District of Washington’s (“District Court”) order dismissing Koninklijke Philips Electronic’s (“Philips”) complaint with prejudice.
The District Court affirmed the Board of Patent Appeals and Interferences’ (the “Board”) decisions, finding its “reasons for denying or dismissing each motion were grounded in the application of the Board’s own procedures and regulations.” On appeal, the CAFC reversed and remanded the District Court’s decision. The CAFC held that the District Court improperly dismissed Philips’ complaint sua sponte, thereby entering a de facto summary judgment; wrongly dismissed Philips’ claim that the Board erroneously applied 37 C.F.R. §41.200(b); and improperly dismissed Philips’ claim that the Board erred in denying its contingent motion to find several of the competing applicant’s claims anticipated or obvious. Continue Reading
In ResQNet.Com, Inc. v. Lansa, Inc., the Court of Appeals for the Federal Circuit (“CAFC”) affirmed the United States District Court for the Southern District of New York’s (“District Court”) ruling that Lansa had infringed ResQNet.Com’s (“ResQNet”) patents; vacated and remanded the District Court’s damages award; and reversed the District Court’s Rule 11 sanction against ResQNet. Continue Reading
In Wyeth and Elan Pharma v. Under Sec. of Commerce for Intellectual Property, a panel of the Court of Appeals for the Federal Circuit (“CAFC”) recently affirmed the decision of the District Court for the District of Columbia to grant summary judgment that plaintiffs Wyeth and Elan Pharma (“Wyeth”) were entitled to extended patent term adjustments under 35 U.S.C. § 154(b) due to the Patent Office’s delay in prosecuting their applications. Continue Reading
In Source Search Technologies v. LendingTree, the Court of Appeals for the Federal Circuit (“CAFC”) vacated the United States District Court of New Jersey’s grant of summary judgment that U.S. Patent No. 5,758,328 (“the ’328 patent”), a system for matching buyers and vendors over a network like the internet, was infringed but invalid. The CAFC affirmed the grant of summary judgment for the findings that the claims were not indefinite and that LendingTree’s website offered “goods and services” as contemplated by the ’328 patent but remanded the case for further fact finding on the infringement and validity issues. Continue Reading
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