Archiwum dla kategorii: Prawo amerykańskie

SRI Int’l v. Internet Security Systems (Fed. Cir. 2008)

Tuesday, January 8th, 2008

Holding:
A scientific paper posted to non-Indexed FTP site is not recognized a prior art (as defined 35 USC 102(b)).

Reasoning:
The court found insufficient evidence to rule on summary judgment. The FTP server was publicly accessible. However, it was uncataloged and would have been difficult to search. Additionally, only one non-SRI person (the conference chair) was shown to have knowledge of the paper on the FTP site.

Kategorie: 35 USC 102(b) | Prior Art | United States Court of Appeals for the Federal Circuit | Wpisy w języku angielskim | prawo patentowe

Wleklinski (dba Comfort Strapp) v. Targus (Fed. Cir. 2007)

Wednesday, December 19th, 2007

Holding:
The Federal Circuit panel agreed that as a matter of law, the doctrine of equivalents does not allow a claimed two-material strap to encompass a strap made of only one material. According to the appellate panel, such a reading would be “the fundamental opposite of the claimed invention”.

Kategorie: Doctrine of Equivalents | United States Court of Appeals for the Federal Circuit | Wpisy w języku angielskim | prawo patentowe