Policy debate
If a firm that performs steps A, B, and C of a "method" patent induces the firm's customers to take step D — the final one — does the firm infringe the patent?
The question — which a two-judge majority on a Federal Circuit panel answered no — produced 62 pages of opinions
The U.S. Supreme Court took a step today towards limiting patent infringement cases, at least ones involving "method" patents (i.e., ones that describe a process rather than a device, design, or other patentable subject matter).
Kinds of infringement
Patent infringement may take different forms:
A crucial part of a patent case involves the Markman hearing. There, the district judge listens to and sees evidence, PowerPoints, blow-ups, claim charts, and arguments that each side puts forward in hopes that Her Honor will choose their version of what the words of the patent claims mean.
You might wonder why they
On this Fourth of July, let us think of our patriot farmers. Also our domestic glass-blowers, soap-makers, even people who produce feed for our critters. For all use potash — "mineral and chemical salts that are rich in potassium". And all of them fell victim to a 600 percent price increase that resulted from a
May a pack of hedge funds gang up on a borrower to stop pack members from cutting deals with the borrower to lighten its debt burden?
Of course they can (and would), you say. But would they thus run afoul of the Sherman Act? Did you think of that? Heard of section 1? Which bars
Today the Third Circuit denied Comcast's request for the whole court to rehear its appeal in Behrend v. Comcast Corp., No. 10-2865 (3d Cir. Sept. 20, 2011).
Blawgletter noted the panel's 2-1 ruling on August 23 that the district court did not err in granting class treatment of the antitrust claims against Comcast.
See
[I]t is not clear just what point I am missing.
Montz v. Pilgrim Films & Television, Inc., No. 08-56954, slip op. at 5933 (9th Cir. May 4, 2011) (O'Scannlain, J., dissenting from 7-4 en banc ruling that federal copyright law does not preempt state law claims for breach by film or television producer/director of
In case you missed the en banc argument on Wednesday to the Third Circuit in Sullivan v. DB Investments Inc., No. 08-2784 (audio file here; post on panel decision here), Blawgletter offers our fragmentary notes below.
[By way of background, a panel of the Third Circuit ruled that, because some states don't allow indirect
The U.S. Supreme Court today granted review of a Ninth Circuit ruling that allowed a class of California women to pursue sex discrimination claims against Walmart. Order List, Dec. 6, 2010, at 2.
The Ninth Circuit held en banc that the case could move ahead as a class action under Rule 23(b)(2) on the women's claims
An 11-judge en banc panel of the Ninth Circuit today upheld certification of a sex discrimination case against Walmart. Dukes v. Wal-Mart Stores, Inc., No. 04-16688 (9th Cir. Apr. 26, 2010).
Chief Judge Kozinski and Circuit Judge Ikuta filed dissents.