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Tag Archives: patents

US justices struggle with software patentability

The justices of the U.S. Supreme Court are facing the difficult task of determining whether computer-implemented software programs that draw on non-computerized principles — a category that could encompass countless types of programs that are in use by millions of people — are eligible for patents.

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Justices struggle over attorney fees in patent troll cases

The justices of the U.S. Supreme Court wrangled over the language of a statute that allows prevailing parties in certain patent infringement cases to recoup attorney fees — an issue that could mean millions of dollars in already costly legal proceedings.

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Supreme Court nixes human gene patents

In a decision that seemed designed to carve out a middle ground in the legal battle over whether companies can hold exclusive rights in the use of biological material, the U.S. Supreme Court ruled Thursday that isolated human genes are not patentable, but synthetically created genetic material may be patented.

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Will Obama’s proposals rein in patent trolls?

The Obama Administration has announced five executive actions and seven legislative proposals aimed at holding back the tsunami of litigation by patent trolls, and lawyers are weighing in on whether the recommendations will wall off the tidal waves or merely be sandbags on the shore.

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Supreme Court treads carefully in patent ruling

The U.S. Supreme Court’s surgically narrow ruling prohibiting a farmer from using seeds harvested from patented herbicide-resistant soybeans has left lawyers with more questions than answers about the extent of patent owners’ rights in other emerging, self-replicating technologies.

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Report: Patent pools may stifle competition

Patent pools, designed to spur innovation and reduce the cost of litigation, may actually be having anticompetitive effects according to a report released by the former competition policy director for the Federal Trade Commission.

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09-1159 Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc.

Intellectual Property Patents; federal contractors The Bayh-Dole Act does not automatically vest title to federally funded  inventions in federal contractors or authorize contractors to unilaterally take  title to such inventions. Section 202(a), which states that contractors may “elect to retain title,”  confirms that the Act does not vest title. Stanford reaches the opposite  conclusion, but only because it ... Subscribe ...

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10-6 Global-Tech Appliances, Inc., v. SEB S.A.

Intellectual Property Patents; induced infringement Induced infringement under 35 U.S.C. 271(b) requires knowledge that the induced acts constitute patent infringement. Induced infringement was not considered a separate theory of indirect liability in the pre-1952 case law, but was treated as evidence of “contributory infringement,” i.e., the aiding and abetting of direct infringement by another party. When Congress enacted ... Subscribe ...

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