The Federal Circuit reversed an infringement judgment in a video-on-demand patent case, holding that the applicant’s prosecution argument distinguishing the prior art based on ‘point-to-point’ network interconnections created a prosecution disclaimer that limited all claims grouped
The Supreme Court unanimously held that Grokster could be liable for copyright infringement by inducing its users to infringe — adopting an inducement theory of secondary copyright liability and holding that a distributor who promotes infringing use through affirmative acts of encouragement can be h
The Supreme Court held that 35 U.S.C. § 271(e)(1)’s safe harbor exempts from patent infringement all uses of patented compounds that are reasonably related to generating information for an FDA submission, including preclinical studies that do not themselves produce data submitted to the FDA.
The Federal Circuit reversed the district court’s denial of a permanent injunction to MercExchange after eBay’s online auction system was found to infringe its patents, applying the court’s general rule that permanent injunctions issue in patent cases absent exceptional circumstanc
The Federal Circuit reversed a grant of summary judgment of non-infringement, holding that the term “substantially flattened surfaces” in a tampon applicator patent means surfaces materially flatter than the cylindrical barrel — not surfaces that are flat within a manufacturing tolerance
The Federal Circuit affirmed the TTAB’s refusal to register VEUVE ROYALE for sparkling wine, holding that it was likely to cause confusion with the famous VEUVE CLICQUOT mark under the DuPont factors analysis.
The Federal Circuit reversed the district court and invalidated Merck’s Fosamax once-weekly dosing patent as obvious, holding that prior art newsletter articles clearly disclosed once-weekly alendronate dosing, that the claim term ‘about’ retains its ordinary meaning of ‘appr
The Federal Circuit held that a patentee’s listing of a patent in the FDA Orange Book does not, by itself, create the reasonable apprehension of suit necessary for a generic drug maker to maintain a Hatch-Waxman declaratory judgment action challenging the patent’s validity or non-infring
The Supreme Court held that a defendant asserting classic fair use in a trademark case bears no burden to negate likelihood of confusion, and some degree of consumer confusion may coexist with a lawful fair use.
The Federal Circuit affirmed that farmers who saved and replanted seeds from Monsanto’s patented Roundup Ready soybeans infringed Monsanto’s plant patents — holding that patent exhaustion did not apply to second-generation seeds and that Monsanto’s technology use agreements validly