Orzecznictwo w zakresie prawa IP i prawa IT

Prawo IP & IT

Archive for the ‘prawo patentowe’ Category

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

without comments

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.

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

without comments

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”.