Supreme Court holds traditional injunction test applies to patent cases Use of technology by patent holder not a requirementThe Supreme Court, in eBay Inc. v. MercExchange, L.L.C., set forth the proper standard courts are to use when determining whether a patent infringer should be required by the court to cease infringing, or whether only monetary payment to the patent holder is required. The case was […] Continue Reading →
Pioneer, MVS strike strategic alliance Pioneer Hi-Bred International and the law firm of McKee, Voorhees & Sease, P.L.C. have entered an exclusive, strategic alliance with the intention ‘ Continue Reading →
Be a hero three times in one hour According to the Blood Center of Iowa, one pint of donated blood can help up to three patients. In less than one hour, just about anyone can become a hero three times over. On Friday, May 19, from 8 to 11 a.m. the opportunity to be a hero becomes even easier as the attorneys and […] Continue Reading →
Federal Circuit affirms infringement finding against United States In Paymaster Technologies, Inc. v. United States, the Federal Circuit affirmed a finding of infringement of a patent directed toward money order forms against the United States, and the United States Postal Service (USPS) in particular. Money order forms are generally either five-ply or single-ply. Five-ply forms have three ‘form layers’ with interlayered ink-infused transfer […] Continue Reading →
Cancelled Subject Matter May Still Constitute a ‘Printed Publication’ In Mary Bruckelmyer v. Ground Heaters, Inc. and T.H.E. Machine Company, the Federal Circuit affirmed the district court’s decision granting summary judgment of invalidity of patents-in-suit in favor of Ground Heaters. At issue was whether a Canadian patent application which issued as Canadian patent 1,158,119 (‘the 119 patent’) was a ‘printed publication’ under 35 U.S.C. […] Continue Reading →
Federal Circuit examines ‘a’ definition In Lava Trading, Inc. v. Sonic Trading Management, LLC, the Federal Circuit begrudgingly reversed the district court’s claim construction and vacated its judgment of non-infringement. The patent at issue deals with a method of providing trading information about a given security or commodity collected from multiple sources in order to assist a trader to make […] Continue Reading →
Federal Circuit Denies Two Bites at the Apple In Glenayre Electronics, Inc. v. Phillip Jackson and PMJ Family Limited Partnership (‘Jackson’), Jackson appealled the order of the US District Court for the Northern District of Illinois denying Jackson’s motion to set trial on the issue of indirect infringement of its patent by Glenayre. The Federal Circuit held that Jackson had been fully compensated […] Continue Reading →
Federal Circuit summarizes personal jurisdiction standards In Breckenridge Pharmaceutical, Inc. v. Metabolite Laboratories, Inc., the Federal Circuit provided a summary of its standard for personal jurisdiction in patent cases. In this instance, an accused infringer is seeking a declaration that they do not infringe or that the patent is invalid.Metabolite holds patents for a method of controlling hyperhomocysteinemia, a risk factor […] Continue Reading →
Federal Circuit considers Fifth Amendment in patent infringement case The Takings Clause of the Fifth Amendment, combined with the Tucker Act, provides an independent basis for seeking compensation when a patent infringement claim arises in a foreign country. The United States appealed the order of the Court of Federal Claims holding that it could assert jurisdiction over Zoltek’s patent infringement allegations by treating the […] Continue Reading →
Claims May Not Be Construed With Reference to the Accused Device, However In Wilson Sporting Goods Co. v. Hillerich & Bradsby Co., the Federal Circuit vacated and sent the case back on remand to the district court, refusing to provide its own claim construction, choosing instead to find errors in the district court’s construction.At issue was a Wilson patent on a non-traditional softball bat that incorporates interior […] Continue Reading →