by MTTLR ADMIN | Jul 13, 2014 | Cases, Commentary, Legal/Tech News, Technology
In Markman, the Supreme Court declared that determining the meaning of patent claims, i.e. “claim construction,” is a question to be decided by the court; the Seventh Amendment right to a jury trial does not apply. Markman v. Westview Instruments, Inc., 517 U.S. 370,...
by felleman | Dec 6, 2012 | Cases, Legal/Tech News, Technology
Since the establishment of the Federal Circuit three decades ago, the Supreme Court has tended to distance itself from the development of patent law. As the Federal Circuit holds exclusive jurisdictions over appeals arising from disputes involving patents, circuit...
by emajchrz | Nov 9, 2010 | Cases, Commentary
Last Friday, the Department of Justice (DOJ) submitted an amicus curiae brief in the Association for Molecular Pathology v. United States Patent and Trademark Office case (the “Myriad genes case”), which is currently before the Federal Circuit. Commentators,...
by Matthew Remissong | Dec 31, 2009 | Cases, Commentary, Legal/Tech News
A three judge panel of the Court of Appeals for the Federal Circuit recently upheld the injunction against Microsoft that goes into effect January 11, 2010. The panel also upheld the nearly $300 million in damages from the U.S. District Court for the Eastern District...
by anickow | Oct 22, 2008 | Uncategorized
by: Michael Sadowitz, Associate Editor, MTTLRIntroductionIt was once almost a foregone conclusion that a court would grant a permanent injunction to the patentee, when finding a patent valid and infringed.1 The injunction functioned as a powerful negotiations tool,...
