August 30, 2007

I will periodically post case citations from the Federal Circuit along with the date of the opinion/order and a brief list of the legal topics discussed therein (specifically those with additional embedded case law citations). My goal is to post new cases on a weekly basis. This posting covers the patent cases that were appealed from the district court level and decided by the Federal Circuit during the 32nd calendar week of 2007. All opinions are precedential unless otherwise indicated.

Dolby Laboratories v. Lucent Technologies (08/08/2007, non-precedential): affirmed appeal from the U.S. District Court for the Northern District of California (no reasoning provided within the opinion)

Foremost in Packaging Systems (doing business as EnviroCooler) v. Cold Chain Technologies (08/08/2007, non-precedential): affirmed appeal from the U.S. District Court for the Central District of California (no reasoning provided within the opinion)

Boston Scientific Scimed (formerly known as Scimed Life Systems) v. Medtronic Vascular (also known as Medtronic AVE) (08/08/2007): appeal of grant of summary judgment affirming the Board of Patent Appeals and Interferences’ final decision denying Scimed the priority benefit of an earlier-filed European patent application for the subject matter at issue in the patent interference (affirmed); discussion of interference between applications owned by Scimed and Medtronic and U.S. Patent No. 5,575,817, entitled “Aorto femoral bifurcation graft and method of implantation”; “At issue here is whether 35 U.S.C. § 119(a)[ ] permits an applicant for a United States patent to benefit from the priority of a foreign application previously filed by an entity that was not acting on behalf of the U.S. applicant at the time of filing. We hold that it does not.”; “[35 U.S.C.] § 119 gives rise to a right of priority that is personal to the United States applicant. … Due to the personal nature of this right, an applicant for a U.S. patent may only benefit from the priority of a foreign application if it was filed by the U.S. applicant or “on his behalf.”

Capital Bridge v. IVL Technologies (08/10/2007, non-precedential): affirmed appeal from the U.S. District Court for the Southern District of New York (no reasoning provided within the opinion)

Honeywell International v. Universal Avionics Systems Corp. (errata) (08/10/2007): errata to correct language present within two consecutive sentences in the July 3, 2007 opinion (link HERE)

0 comments:

Post a Comment

WIPO Press Releases

WIPO General News

Patent References

Click HERE to search issued U.S. Patents

Click HERE to search published U.S. Patent Applications

Click HERE to browse the MPEP (E8r6 in HTML and PDF, and E8r7 in PDF)

Click HERE to search patent assignments recorded with the USPTO

Click HERE to search Title 37 of the Code of Federal Regulations (rev. 7/1/08)

Click HERE to browse Title 35 of the U.S. Code

Click HERE to view current USPTO fees

Disclaimer

Copyright 2006-2010, Mark Reichel. The Daily Dose of IP is my personal website, and I am not providing any legal advice or financial analysis. Any views expressed herein should not be viewed as being the views of my employer, Ice Miller LLP. Any comments submitted to this blog will not be held in confidence and will not be considered as establishing an attorney-client relationship. Information submitted to this blog should be considered as being public information, and the submitter takes full responsibility for any consequences of any information submitted. No claims, promises, or guarantees are made or available regarding the completeness or accuracy of the information contained in this blog or otherwise available by searching from or linking away from this blog.

EPO Updates

Trademark References

Click HERE to search issued and pending U.S. Trademarks

Click HERE to search TTAB proceedings (via TTABVUE)

Click HERE to search trademark assignments recorded with the USPTO

The DDIP Author





Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

Click HERE to view my full professional bio at Reichel IP LLC.


There was an error in this gadget

Subscribe/Feedback

Click HERE to join the e-mail list for my blog

Click HERE to provide feedback on the DDIP blog

Fellow Blogs/Bloggers

AwakenIP (Kuester)
Counterfeit Chic (Scafidi)
I/P Updates (Heinze)
Internet Cases (Brown)
Likelihood of Confusion (Coleman)
Patent Baristas (Albainy-Jenei)
Patent Docs (Zuhn et al.)
Patently-O (Crouch)
The 271 Patent Blog (Zura)
The Ice Loop (Ice Miller LLP)
The Indiana Law Blog (Oddi)
The Invent Blog (Nipper)
The Patent Prospector (Odom)
The TTABlog (Welch)