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(U.S. Fed. Cir., Drugs & Biotech, Intellectual Property, Patent) In a patent infringement action involving drugs related to gene regulation, district court’s judgment against defendant is reversed in part and affirmed in part where: 1) the court lacked substantial evidence for its verdict that the asserted claims of plaintiff’s patent were supported by adequate written description, and thus the asserted claims are invalid; and 2) the correct correctly concluded that the ’516 patent was not unenforceable due to inequitable conduct.
Tafas v. Doll
(U.S. Fed. Cir., Administrative Law, Intellectual Property, Patent) In an action involving four rules recently promulgated by the USPTO, district court’s ruling is affirmed in part and vacated in part where: 1) the four final rules challenged in this case are procedural and thus within the scope of the USPTO’s rulemaking authority; and 2) Final Rule 78 conflicts with 35 U.S.C. sec. 120 and is invalid.
Situation Mgmt. Sys. v. ASP Consulting, LLC
(U.S. 1st Cir., Copyright, Intellectual Property, Labor & Employment Law) In a copyright action involving training materials geared toward teaching techniques for effective communication and negotiation within the workplace, district court’s finding of noninfringement is vacated where: 1) district court erroneously excluded large portions of plaintiff’s works from its substantial similarity analysis based upon its misapplication of the originality requirement; and 2) the court improperly denied copyright protection to large portions of plaintiff’s works under the mistaken belief that they described a noncopyrightable process or system.
Henkel Corp. v. The Procter
&
Gamble Co.
(U.S. Fed. Cir., Intellectual Property, Patent) In a patent interference action involving dishwasher detergent tablets, Board of Patent Appeals and Interferences award of priority of invention to defendant is affirmed where substantial evidence supports the Board’s determination that defendant demonstrated an actual reduction to practice of the invention before plaintiff.
In re Gleave
(U.S. Fed. Cir., Drugs & Biotech, Intellectual Property, Patent) In a patent action concerning methods of treating endocrine-regulated cancers, USPTO Board of Patent Appeals and Interferences rejection of plaintiff’s patent claims is affirmed where the Board properly held that the claims were anticipated under 35 U.S.C. sec. 102(b) as the compositions described in the plaintiff’s application were not new.
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(U.S. 9th Cir., Attorney’s Fees, Civil Procedure, Debt Collection) In an action for attempting to collect a time-barred credit card debt under the Fair Debt Collection Practices Act, summary judgment for Defendants is affirmed where parties that consent to a given state’s law thereby adopt that state’s statute of limitations.
Hettinga v. US
(U.S. D.C. Cir., Agriculture, Civil Procedure, Constitutional Law) In an action challenging the constitutionality of certain contribution requirements for milk handlers, the dismissal of the complaint for failure to exhaust administrative remedies is reversed, where the Agricultural Marketing Agreement Act’s exhaustion requirement does not apply to challenges to the act itself.
Duffy v. Vogel
(N.Y., Civil Procedure, Professional Malpractice) In Plaintiff’s appeal from judgment for Defendant in a medical malpractice trial in which the jury’s verdict was apparently contradictory, the trial court’s order denying Plaintiff’s request to poll the jury is reversed, where the denial of a request to poll the jury cannot be harmless error.
Green v. Jefferson Cty. Comm.
(U.S. 11th Cir., Civil Procedure, Constitutional Law) In a Due Process challenge to changes in a county’s retirement system, summary judgment for Defendant is affirmed, where res judicata barred Plaintiffs’ claims because Plaintiffs shared an identical interest with plaintiffs in previously-filed state court actions asserting the same claims.
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(U.S. Fed. Cir., Drugs & Biotech, Intellectual Property, Patent) In a patent action concerning methods of treating endocrine-regulated cancers, USPTO Board of Patent Appeals and Interferences rejection of plaintiff’s patent claims is affirmed where the Board properly held that the claims were anticipated under 35 U.S.C. sec. 102(b) as the compositions described in the plaintiff’s application were not new.
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(U.S. Fed. Cir., Drugs & Biotech, Intellectual Property, Patent) In a patent action relating a classic biotechnology invention, Board of Patent Appeals and Interferences decision rejection plaintiff’s patent application is affirmed where the Board did not err in rejecting plaintiff’s claims as obvious under 35 U.S.C. sec. 103(a), as plaintiff’s methodology in the patent was essentially the same as the methodologies and teachings in prior patents and scientific works.
Aycock Eng’g, Inc. v. Airflite, Inc.
(U.S. Fed. Cir., Intellectual Property, Trademark) In an action involving service mark registration of AIRFLITE, USPTO Trademark Trial and Appeal Board ruling declaring plaintiff’s service mark registration void is affirmed, where plaintiff used the service mark in the preparatory stages of the service’s development but never offered the service to the public, thus failing to meet the “use in commerce” element of the Lanham Act.
Dream Games of Ariz., Inc. v. PC Onsite
(U.S. 9th Cir., Copyright, Gaming Law, Intellectual Property, Travel & Leisure) In a copyright infringement action regarding an electronic bingo game, judgment for Plaintiff is affirmed, where: 1) the District Court properly identified the unprotected elements of the game in instructing the jury, and 2) Plaintiff’s illegal operation of the game did not preclude the recovery of statutory damages.
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April 5, 2009 11:00 pm | 
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