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Posts Tagged: Chief Judge Mayer


While there can be disingenuous arguments made about the abstractness of a media product or a sponsor message who in their right mind could ever even suggest that an Internet website is abstract Is an Internet website abstract Is…

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The label anti-patent is not meant as a criticism or insult Instead I mean it is a purely descriptive way that recognizes a distinct and very real viewpoint one that we have seen periodically throughout history but which is…

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This is just another example of the Federal Circuit substituting its own decision for that of the decision maker at the district court level It is one thing when the Federal Circuit ignores the factual findings of a district…

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Alexsam Inc v IDT Corporation is a non-remarkable patent infringement decision with a remarkable dissent What is noteworthy about the case is not the majority opinion but the dissent by Judge Haldane Robert Mayer Mayer s dissent discusses why…

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After dispatching with Underwater Devices the Federal Circuit announced the new rules which requires at least a showing of objective recklessness in order to support a finding of willful infringement and thereby permitting enhanced damages The Federal Circuit did…

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It was also determined that the underlying patent litigation was brought for no other reason than to extract nuisance payments despite the fact that there was no infringement Specifically the district court determined that Eon-Net filed the lawsuit against…

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Judge Kathleen O'Malley was confirmed by the United States Senate earlier today O'Malley's confirmation along with the confirmation of others in recent days is the result of a deal between Senate Democrats and Republicans that ensured passage of nominations…

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Putting aside my disdain for the Supreme Court stepping into patent matters of any kind what does seem clear is that the Supreme Court wants to pretend that patents are the same as any other area of law and…

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TiVo Inc NASDAQ TIVO owner of U S Patent titled Multimedia Time Warping System was a big winner today at the United States Court of Appeals for the Federal Circuit when the CAFC handed down its decision in Tivo…

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Normally I find Judge Rader the heir apparent for Chief Judge of the Federal Circuit to write cogently and persuasively even in dissent Witness his withering blast in In re Bilski where he rightly takes the majority to task…

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I am just getting back from a week in San Francisco California teaching the PLI Patent Bar Review Course at PLI s California Headquarters in downtown San Francisco I am back in the office after having taken the red-eye…

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If you are going to read only one of the briefs in this case I would strongly recommend the Medtronic amicus brief which was filed in support of neither party Much of the Medtronic brief is devoted to explaining…

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