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The Federal Circuit rules that a party can bring a Walker Process antitrust claim even in the absence of a patent dispute

Wiley Rein LLP
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USA
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November 20 2012

One longstanding, open question has been whether Walker Process antitrust claims can be asserted even though no claim of patent infringement has been or could be brought

En banc Federal Circuit decision clarifies contractor immunity for patent infringement

Wiley Rein LLP
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USA
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March 15 2012

On March 14, 2012, the Federal Circuit issued its long-awaited ruling in Zoltek Corp. v. United States, No. 2009-5135

Court orders ivi TV to stop retransmitting TV programming via the Internet

Wiley Rein LLP
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USA
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March 7 2011

In a closely watched case, the U.S. District Court for the Southern District of New York has issued a preliminary injunction ordering ivi, Inc. (pronounced "ivy") to immediately stop retransmitting broadcast television programming over the Internet

Ninth Circuit rules that promotional CDs are owned by recipient, may be sold

Wiley Rein LLP
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USA
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January 12 2011

In a ruling that could have significant implications for companies that distribute copyrighted merchandise for promotional purposes, the United States Court of Appeals for the Ninth Circuit has ruled that compact discs distributed to music critics and DJs for promotional purposes only are owned by the recipient and may be resold or otherwise transferred without the copyright owner's consent pursuant to the "first sale" doctrine of the Copyright Act and the Unordered Merchandise Statute

The Federal Circuit tackles the 25 percent rule and the entire market value rule

Wiley Rein LLP
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USA
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January 10 2011

The Federal Circuit began the new year with a bang when it decided Uniloc USA, Inc. v. Microsoft Corp., No. 2010-1035

With naked trademark licensing, The Freecycle Network is left bare

Wiley Rein LLP
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USA
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November 29 2010

On the day before Thanksgiving, FreecycleSunnyvale (FSV) had another reason to give thanks: The Ninth Circuit ruled in its favor that The Freecycle Network (TFN) (an organization focused on the free recycling and reusing of goods) had lost control of its trademark FREECYCLE due to naked licensing

Supreme Court issues Bilski decision, rejecting “machine-or-transformation test” but declining to find business methods unpatentable

Wiley Rein LLP
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USA
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June 28 2010

This morning, on the final day of the 2009-2010 term, the Supreme Court issued its longawaited decision in the case of Bilski v. Kappos, 561 U.S. ____ (2010), affirming that the Bilski invention, a method for using hedge contracts to manage “consumption risk” due to changes in commodity wholesale prices, was not directed to patent-eligible subject matter under 35 U.S.C. 101

Is the next Supreme Court Justice working across the street from the President?

Wiley Rein LLP
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USA
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April 5 2010

As the Supreme Court's term heads into Spring, talk of the next Justice is overshadowing the pending high-profile cases

Gene patents no more?

Wiley Rein LLP
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USA
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March 30 2010

In a 152-page opinion, Judge Robert Sweet of the Southern District of New York has held that Myriad Genetics' patents claiming breast cancer genes and related methods of screening patients for the breast cancer genes are invalid because the inventions are not patentable subject matter

Federal Circuit issues ruling on 112 written description requirement

Wiley Rein LLP
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USA
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March 23 2010

On March 22, 2010, the Federal Circuit issued its anticipated en banc decision in Ariad v. Eli Lilly, No. 2008-1248

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