F.3d –, 2009 U.S. App. LEXIS 26570 (Fed. Cir. 2009) (RADER, Plager & Schall)
MAJOR ISSUES: Obviousness–no summary judgment of invalidity–fact issues on teachings of prior art references
E-commerce system: more than computerized version of pre-internet systems
Infringement–fact issues on accused system
Definiteness–”standardized” not unduly subjective
587 F.3d 1358, 2009 U.S. App. LEXIS 26359 (Fed. Cir. 2009) (MICHEL, Newman & Moore)
MAJOR ISSUES: Declaratory judgment jurisdiction patent holding company implied assertion of a patent.
587 F.3d 1339, 2009 U.S. App. LEXIS 26338 (Fed. Cir. 2009) (LOURIE, Dyk & Prost)
MAJOR ISSUES: Typographical errors in claims–correction when no reasonable debate about correction–persons skilled in the art
Definiteness–claim construction–dictionary definitions
Laches defense (undue, prejudicial delay in suing for infringement)–fact question on when patent owner first knew of infringement
587 F.3d 1324, 2009 U.S. App. LEXIS 26245 (Fed. Cir. 2009) (LINN, Dyk & Prost)
MAJOR ISSUES: Obviousness–common sense not reflected in specific reference or expert opinion
Obvious to try
Long-felt need
In re Hoffmann-La Roche, Inc., 587 F.3d 1333, 2009 U.S. App. LEXIS 26244 (Fed. Cir. 2009) (GAJARSA, Lourie & Friedman)
MAJOR ISSUES: Transfer of venue from Eastern Texas district
Writ of mandamus–abuse of discretion in denying transfer
Electronic transfer of documents to local counsel in district
