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License or No License: That Is the Question

Rembrandt Data Techs., LP v. AOL, LLC, No. 2010-1002 (Fed. Cir. April 18, 2011) (Judges Gajarsa, Linn, and Dyk) “License or no license: that is the question.”  The Federal Circuit’s answer was “yes.”  After reviewing a complicated licensing and patent transfer history, the court held that there was no patent…

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Divided Infringement Question Yields Divided Opinion

McKesson Technologies Inc. v. Epic Systems Corporation, No. 2010-1291 (Fed. Cir. Apr. 12, 2011) (Judges Linn, Bryson, and Newman) McKesson adds to a recent line of cases in which the Federal Circuit has articulated a higher standard for proving joint infringement. See also BMC Resources, Inc. v. Paymentech, L.P., 498…

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Patent Practitioners or Supreme Court Specialists?

What do you think—should we have patent practitioners arguing patent cases at the Supreme Court? Yesterday, the Supreme Court heard the parties’ arguments in the Microsoft v. i4i case. The issue the Court is considering relates to the proper standard of proof for proving a patent is invalid.  (35 U.S.C.…

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Newsflash: Patent Required to Sue for Patent Infringment

Omura v. Shafer, No. 2010-1357 (Fed. Cir. April 8, 2011) (Judges Bryson, Schall, and Moore) (nonprecedential). One must proceed with care when engaging in interference practice. The Federal Circuit recently affirmed the Board of Patent Appeals and Interferences (BPAI) decision directing entry of judgment against the senior party to the…

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Federal Circuit Motions Panel Orders

This month, Judges Rader, Newman, and Bryson were assigned to the motions panel, and they issued several orders relating to venue and jurisdictional issues. Maybe that happened because there is no place like the Eastern District of Texas.  And there is no federal district court that has seen more criticism…

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