Friday, August 1, 2014

Apple Smart Phone Injunction Request Denial Upheld, But Samsung Tablet May Be Enjoined

A district court’s denial of Apple Inc.’s request for a preliminary injunction against Samsung’s Android-based smart phones was upheld May 14 by a 2-1 U.S. Court of Appeals for the Federal Circuit ruling, but the possibility of an injunction against the Galaxy Tab 10.1 tablet computer remains Apple Inc. v. Samsung Electronics Co., Fed. Cir., No. 2012-1105, 5/14/12).

BNA INSIGHTS: The U.S. Supreme Court Trumps the Federal Circuit Procedure and the Threshold for Analyzing Subject Matter Eligibility of Patents

A recent flurry of highly anticipated and hotly contested decisions from the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit over the last several weeks highlights that challenges to subject matter eligibility under 35 U.S.C. §101 must be given serious attention by patent owners seeking to enforce their valued IP.

BNA INSIGHTS: Kappos v. Hyatt and The America Invents Act: A Milestone Vindication of the Endangered Right of Full Judicial Recourse from PTO Decisions

The U.S. Supreme Court, in its April 18 unanimous decision in Kappos v. Hyatt, 1 affirmed the Federal Circuit’s Nov. 8, 2010, en banc holding that there are no restrictions on the ability of a party (in this case a patent applicant qua plaintiff) to introduce new evidence relevant to a disputed issue of fact in a 35 U.S.C. §145 civil action against the Patent and Trademark Office beyond those imposed by the Federal Rules of Evidence and the Federal Rules of Civil Procedure. In such cases the district court must make its own (nondeferential) fact-findings taking said evidence into consideration along with the administrative record in the PTO. …

Commerce Department Report Links IP-Intensive Industries to U.S. Job, GDP Growth

The U.S. Department of Commerce unveiled a new report, Intellectual Property and the U.S. Economy: Industries in Focus, on the importance of IP to job and economic growth in America, at a White House ceremony April 11.

Supreme Court Remands Isolated DNA Patent Challenge for Review in Light of Mayo Case Decision

A week after its surprising unanimous decision rejecting method claim patent eligibility, the U.S. Supreme Court on March 26 remanded to the U.S. Court of Appeals for the Federal Circuit the case testing whether patent claims on isolated DNA are patent eligible subject matter under Section 101 of the Patent Act, 35 U.S.C. §101 (Association for Molecular Pathology v. Myriad Genetics Inc., U.S., No. 11-725, remanded 3/26/12).

Unanimous Supreme Court Rules Personalized Medicine Claims Are Not Patent-Eligible

A unanimous U.S. Supreme Court determined March 20 that claims on methods of use in the field of personalized medicine—adjusting a drug dosage after observing a patient’s reaction to a drug administration—are not patent-eligible subject matter under 35 U.S.C. §101 (Mayo Collaborative Services v. Prometheus Laboratories Inc., U.S., No. 10-1150, 3/20/12).

BNA INSIGHTS: Design Patents Sunk in International Seaway Opinion

The author charges that the Federal Circuit’s analysis of anticipation and obviousness in a two-year old design patent ruling has created a “maelstrom” in design patent law…

ITC Grants Apple’s Bid for Injunction Against HTC’s Android Phones, as of April 19, 2012

The International Trade Commission issued an order Dec. 19 banning imports by HTC Corp. of Android smartphones as infringing a valid patent held by Apple Inc…

Supreme Court Distinguishes Novelty, Obviousness In Weighing Medical Method Patent Eligibility

The U.S. Supreme Court heard oral arguments Dec. 7 on the patent eligibility of methods of medical diagnosis and treatment under 35 U.S.C. §101, but the debate turned early and often to the relative roles of Section 101 versus patentability issues of anticipation and obviousness under Sections 102 and 103…

BNA INSIGHTS: The America Invents Act: How Does It Strengthen the Patent System?

The author outlines the key provisions of the recently enacted patent reform legislation…

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