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Last month at the Federal Circuit - April 2013

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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April 26 2013

In Move, Inc. v. Real Estate Alliance Ltd., No. 12-1342 (Fed. Cir. Mar. 4, 2013), the Federal Circuit vacated the district court's decision granting

The AIA's retroactive elimination of private false-marking suits does not violate the due process clause of the constitution

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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February 12 2013

Before the America Invents Act ("AIA") was signed into law, the Patent Act provided that any person could bring a false-marking claim and collect

Use of “a” in claim language does not always mean “one or more than one” in open-ended claims

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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October 31 2011

In Harari v. Lee, Nos. 10-1075, -1076 (Fed. Cir. Sept. 1, 2011), the Federal Circuit affirmed the Board’s decision that Eliyahou Harari et al.’s U.S. Patent Application No. 09056,398 had no written description support for the claims-at-issue in a first intereference

United States waived sovereign immunity with respect to DJ patent suits

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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October 3 2011

In Delano Farms Co. v. California Table Grape Commission, No. 10-1546 (Fed. Cir. Aug. 24, 2011), the Federal Circuit affirmed the district court’s decision that the United States Department of Agriculture (“USDA”) is a necessary party to a DJ suit, reversed the district court’s decision that 5 U.S.C. 702 does not waive sovereign immunity with respect to DJ suits, reversed the district court’s decision that Delano Farms Co. (“Delano Farms”) failed to properly plead inequitable conduct, and affirmed the district court’s decision that Delano Farms failed to properly plead a violation of the Sherman Act

Assignment of “inventions and discoveries” disclosed in an application also assigned unrelated application covered by the disclosure

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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October 3 2011

In MHL Tek, LLC v. Nissan Motor Co., Nos. 10-1287, -1317, -1318 (Fed. Cir. Aug. 10, 2011), the Federal Circuit affirmed the district court’s decision that MHL Tek, LLC (“MHL”) lacked standing to assert two patents-in-suit, reversed the district court’s decision that MHL had standing to assert the third patent-in-suit, and vacated the district court’s decision granting SJ of noninfringement relating to the third patent-in-suit

Preliminary injunction upheld to enforce forum selection clause where continuations of licensed patents are impliedly licensed

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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August 23 2011

In General Protecht Group, Inc. v. Leviton Manufacturing Co., No. 11-1115 (Fed. Cir. July 8, 2011), the Federal Circuit affirmed the district court’s decision to enforce a forum selection clause and found that the district court did not abuse its discretion in granting a preliminary injunction against Leviton Manufacturing Co., Inc.’s (“Leviton”) infringement suits brought in other forums

Accused infringer need not practice steps recited in the preamble of a method claim when the preamble defines the environment in which the claim operates

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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July 26 2011

In Advanced Software Design Corp. v. Fiserv, Inc., Nos. 09-1585, 10-1011 (Fed. Cir. June 2, 2011), the Federal Circuit reversed-in-part and vacated-in-part the district court’s determination of noninfringement, affirmed the district court’s denial of Advanced Software Design Corporation’s (“Advanced Software”) motion to amend the complaint, and dismissed Fiserv, Inc.’s (“Fiserv”) cross-appeal on invalidity

Failure to pay royalties does not convert authorized sale of licensed product into unauthorized sale under exhaustion doctrine

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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June 30 2011

In Tessera, Inc. v. International Trade Commission, No. 10-1176 (Fed. Cir. May 23, 2011), the Federal Circuit affirmed the ITC’s determination of noninfringement, validity, and exhaustion of U.S. Patent No. 5,633,106

Single embodiment is sufficient evidence to show commercial success

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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February 23 2011

In In re Glatt Air Techniques, Inc., No. 10-1141 (Fed. Cir. Jan. 5, 2011), the Federal Circuit reversed the Board’s finding of obviousness because it was not supported by substantial evidence

Federal Circuit invalidates as obvious patent that updates a prior art system with modern electronic devices

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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USA
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January 31 2011

In Western Union Co. v. MoneyGram Payment Systems, Inc., Nos. 10-1080, -1210 (Fed. Cir. Dec. 7, 2010), the Federal Circuit reversed the jury’s determination that the patents-in-suit were not invalid for obviousness