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U.S. Supreme Court orders Federal Circuit to reconsider online advertising patent decision

  • Bereskin & Parr LLP
  • -
  • Canada
  • -
  • July 20 2012

In several recent cases involving subject matter as diverse as genes, medical diagnosis, and online advertising, the U.S. Supreme Court appears to be trying to narrow the boundaries of patent-eligible subject matter defined by the Federal Circuit

Virgin wins against Gemstar

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • April 19 2011

A claim construction which results in a party avoiding patent infringement by adding one extraneous feature to an allegedly infringing article is not a sensible construction, according to the Court of Appeal in Gemstar-TV Guide International & Others v Virgin Media Ltd & Others