ARE Patent Law Alert: Patent Misuse Defense Limited by the Federal Circuit Sitting En Banc
(September 8, 2010) On August 30, 2010, the U.S. Court of Appeals for the Federal Circuit, sitting en banc, issued its decision in Princo Corp. v. International Tr. Comm., No. 2007-1386, Slip Op. (Fed. Cir. Aug. 30, 2010) (en banc), where the majority adopted a narrow view of the scope of a patent misuse defense […]
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“Any”” Person Has Standing For False Marking Claim”
(September 7, 2010) On August 31, 2010, the U.S. Court of Appeals for the Federal Circuit in Stauffer v. Brooks Brothers, Inc., No. 2009-1428, -1430, -1453 (Fed. Cir. Aug. 31, 2010), further confirmed the broad scope of individuals to have standing to bring a false marking claim under 35 U.S.C. § 292. Mr. Stauffer brought […]
ARE Patent Law Alert: “Any” Person Has Standing For False Marking Claim
(September 7, 2010) On August 31, 2010, the U.S. Court of Appeals for the Federal Circuit in Stauffer v. Brooks Brothers, Inc., No. 2009-1428, -1430, -1453 (Fed. Cir. Aug. 31, 2010), further confirmed the broad scope of individuals to have standing to bring a false marking claim under 35 U.S.C. § 292. Mr. Stauffer brought […]
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U.S. Supreme Court Affirms Bilski, But Sets The Course Clear For Business Methods Patents
(June 28, 2010). Today, the U.S. Supreme Court decided Bilski v. Kappos, No. 08-964, 561 U.S. ____ Slip Opinion (2010) (“Bilski III”) substantially confirming the position urged in the Charles R. Macedo, Partner; Norajean McCaffrey, Associate of Amster Rothstein & Ebenstein LLP are counsel of record on that submission. Our firm advocated a similar position […]
ARE Patent Law Alert: U.S. Supreme Court Affirms Bilski, But Sets The Course Clear For Business Methods Patents
(June 28, 2010). Today, the U.S. Supreme Court decided Bilski v. Kappos, No. 08-964, 561 U.S. ____ Slip Opinion (2010) (“Bilski III”) substantially confirming the position urged in the Amicus Curiae Briefs to the U.S. Supreme Court submitted by our firm on behalf of Double Rock Corporation, Island Intellectual Property LLC, Lids Capital LLC, Intrasweep […]
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The Enlarged Board of Appeal of the European Patent Office Declines to Provide Further Guidance on the Patentability of Computer-Implemented Inventions Under the European Patent Convention
(May 18, 2010) On May 12, 2010, the Enlarged Board of Appeal (EBoA) of the European Patent Office (EPO) issued an Opinion addressing a set of questions concerning the patentability of computer-implemented inventions under the European Patent Convention (EPC). Mr. Macedo is a Partner, Mr. Hahm is an Associate at Amster, Rothstein & Ebenstein LLP. […]
ARE Patent Law Alert: The Enlarged Board of Appeal of the European Patent Office Declines to Provide Further Guidance on the Patentability of Computer-Implemented Inventions Under the European Patent Convention
(May 18, 2010) On May 12, 2010, the Enlarged Board of Appeal (EBoA) of the European Patent Office (EPO) issued an Opinion addressing a set of questions concerning the patentability of computer-implemented inventions under the European Patent Convention (EPC). Opinion of the Enlarged Board of Appeal, EPC No. G 3/08 (Slip op. 12 May 2010). […]
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TiVo v. EchoStar: Federal Circuit Revising The Standard for Contempt of Injunction En Banc
On May 14, 2010, the U.S. Court of Appeals for the Federal Circuit agreed to rehear en banc the decision of the three-judge panel in TiVo Inc. v. EchoStar Corp., 597 F.3d 1247 (Fed. Cir. 2010) relating to the standards for evaluating contempt of an injunction in a patent case. The decision of the full […]
ARE Patent Law Alert: TiVo v. EchoStar: Federal Circuit Revising The Standard for Contempt of Injunction En Banc
On May 14, 2010, the U.S. Court of Appeals for the Federal Circuit agreed to rehear en banc the decision of the three-judge panel in TiVo Inc. v. EchoStar Corp., 597 F.3d 1247 (Fed. Cir. 2010) relating to the standards for evaluating contempt of an injunction in a patent case. The decision of the full […]
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Supreme Court to Decide Whether Foreign Sale Exhuasts Copyrights
(April 23, 2010) On April 20, 2010 the Supreme Court announced that it has accepted certiorari in Costco Wholesale Corp. v. Omega, S.A., Docket No. 08-1423 (2010) to determine whether an authorized foreign sale of a product exhausted applicable U.S. copyrights. In Costco, Omega, a watch manufacturer, filed suit against Costco, a retailer, alleging that […]