Advanced Software Design Corp. v. Federal Reserve Bank of St. Louis, 583 F.3d 1371, CPLRG 0002 (Fed. Cir. 2009) (NEWMAN, Prost & Moore) advancedsoftware09302009
MAJOR ISSUES: United States Government–Use for the Government with its “Authorization or Consent.”
Board of Trustees of The Leland Stanford Junior University v. Roche Molecular Systems, Inc., 583 F.3d at 832, CPLRG 0003 (Fed. Cir. 2009) (LINN, Prost & Moore), aff’d, 131 S. Ct. 502 (2011) stanfordroche093020091
MAJOR ISSUES: Standing–Ownership Counterclaim by Accused Infringer–State Statute of Limitations
Assignment Agreement–Assignment of Present Interest in Future Inventions–Equitable Title–Earlier Agreement to Assign Right in the Future–Bona Fide Purchaser–Bayh-Dole Act
Update: On June 6, 2011, the Supreme Court affirmed this decision. See CPLRG 0070.
583 F.3d 1317, 2009 U.S. App. LEXIS 21166 (Fed. Cir. 2009) (DYK & Mayer; GAJARSA, dissenting)
MAJOR ISSUES: Utility–Enablement–Method of Treating Disease
AstraZeneca Pharmaceuticals LP v. Teva Pharmaceuticals USA, Inc., 583 F.3d 766, CPLRG 0005 (Fed. Cir. 2009) astrazenecateva09252009
MAJOR ISSUES: inequitable conduct, no intent to deceive, disclosure of comparative data as requested by examiner to overcome obviousness rejection, failure to disclose internal data on other related compounds, failure to synthesize compounds for comparative testing
586 F.3d 1376, 2009 U.S. App. LEXIS 25388 (Fed. Cir. 2009)
MAJOR ISSUES: Anticipation–lack of novelty
Printed publication more than a year before patent application filing–Section 102(b)
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