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Versata Development Group, Inc. v. SAP America, Inc., 793 F.3d 1306 (Fed. Cir. 2015), [1] is a July 2015 decision of the Federal Circuit affirming the final order of the Patent Trial and Appeal Board (PTAB), the recently created adjudicatory arm of the United States Patent and Trademark Office (USPTO), invalidating as patent ineligible the claims in issue of Versata's U.S. Patent No. 6,553,350 ...
Blonder-Tongue then appealed to the Supreme Court. Under prior law, a patentee was entitled to sue an alleged infringer, even though a different court had ruled the patent invalid: The second court was free to decide the second case on the basis of the evidence before it, irrespective of the first court's ruling, according to Triplett v.
Contrary to respondents’ assertion that only a freestanding patent-invalidity claim is at issue, the record establishes that petitioner has raised and preserved the contract claim that, because of patent invalidity, unenforceability, and noninfringement, no royalties are owing. 427 F.3d 958, reversed and remanded. Court membership; Chief Justice
The defense of invalidity is a counter-attack on the patent itself., i.e., the validity of the patent or of the allegedly infringed claims. Case law provides other defenses, such as the first-sale doctrine, the right to repair, and unenforceability because of inequitable conduct.
Under current law, restrictions on the same petitioner's ability to challenge the same patent multiple times already safeguard against reviews being used to harassment of legitimate patent owners.
In 2010, the Patent Office issued a ruling that the '753 patent had been properly issued and the parties returned to the district court. [2] In 2011, Judge Alvin Hellerstein held a claim construction hearing in which he interpreted the claims of the '753 patent. Relevant here, Judge Hellerstein held that the term "spaced relationship" meant ...
Perfect Web, an e-mail marketer, sued its competitor InfoUSA for patent infringement, claiming that InfoUSA's bulk email distribution method infringed its Patent No. 6,631,400 ('400 patent). [2] The district court initially found that the patent did not meet the non-obviousness requirement and was therefore invalid. On appeal, The Federal Court ...
Relation between patent law and antitrust law. Kewanee Oil v. Bicron: 416 U.S. 470: 1974: State trade secret law not preempted by patent law. Dann v. Johnston: 425 U.S. 219: 1976: Patentability of a claim for a business method patent (but the decision turns on obviousness rather than patent-eligibility). Sakraida v. Ag Pro: 425 U.S. 273: 1976
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