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March 2011
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People v. Garcia, No. B222978

Conviction and sentencing of defendants on charges relating to the production of pirated movies and music is upheld as modified because trial court erred in ordering restitution for non-economic loss, but did not abuse its discretion by ordering joint and several restitution.

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Lexion Medical, LLC v. Northgate Technologies ,Inc., No. 2009-1494

In a patent infringement dispute involving the construction of a claim limitation by the district court with a slight deviation, related to an apparatus for heating and humidifying gas to a predetermined and preset temperature for use during laparoscopic procedures, summary judgment in favor of plaintiff is affirmed because there is no genuine issue of material fact regarding infringement, where the record amply supports the trial court's interpretation of claim term.

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Tivo Inc. v. Echostar Corp., No. 2009-1374

In a patent infringement dispute involving the circumstances under which a finding of contempt by a district court would be proper as to infringement by newly accused products related technology that allows television users to simultaneously record and play TV broadcasts using what is commonly known as a digital video recorder, judgment of the district court is affirmed in part and reversed in part where two-step KSM analytical framework in contempt cases is overruled, and defenses of vagueness and overbreadth of injunction by appellants were waived.

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Rembrandt Data Technologies v. AOL, LLC, No. 2010-1002

In a patent dispute involving the invalidity of multiple patent claims relating to certain types of computer modems and methods of identifying modems, judgment by district court is affirmed in part and reversed in part where: 1) court properly held that right to enforce relevant patents was extinguished by patent exhaustion as such patents had been duly licensed; and 2) court correctly granted summary judgment on the invalidity of some claims while improperly granting summary judgment on others.

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Newport News Holdings Corp. v. Virtual City, No. 09-1947

In a multifaceted dispute involving the scope of the Anticybersquatting Consumer Protection Act, 15 U.S.C. section 1125, judgments of the trial court is affirmed where: 1) summary judgment in favor of plaintiff was proper as there was no issue of material fact in dispute; 2) failure to recuse by trial judge was not erroneous when defendant did not object to potential conflict of interest upon discovery; 3) trial court properly asserted jurisdiction over defendant under an alter ego liability theory; and 4) trial court correctly precluded defendant from filing a counterclaim.

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Latin American Music Co. v. American Society of Composers, Authors and Composers, No. 10-1780

In an appeal arising from a copyright infringement action involving the song "Caballo Viejo", award of attorney fees and costs is affirmed, where: 1) as a matter of fact, copyright was timely registered under 17 U.S.C. section 412; and 2) as a matter of law, section 412 is inapplicable to challenges to the status of defendant as a prevailing party and the reasonableness of the fee award fail.

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In Re Tanaka, No. 2010-1262

In a patent dispute involving whether the submission of a narrower claim in a reissue application that still contains all of the original patent claims presents the type of error correctible by reissue under 35 U.S.C. section 251, order by PTO denying reissue is reversed as contrary to longstanding circuit precedent and stare decisis.

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McKesson Tech, Inc. v. Epic Systems Corp., No. 2010-1291

In a patent dispute alleging infringement of a patent directed to an electronic method of communication between healthcare providers, summary judgment in favor of defendant is affirmed because plaintiff is unable to attribute the performance of all the steps of the asserted method claims to a single party.

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The Facebook, Inc. v. Connectu, Inc., No. 08-16873

In a dispute arising from the validity of a settlement agreement where plaintiffs claimed that the omission of several stock transfer documents and a lower-than-expected post-settlement disclosure of common stock value rendered settlement agreement uneforceable, judgment of the district court is affirmed where such omissions were an only important term that affects the value of the bargain, and the parties were on equal bargaining footing such that the subsequent discovery of stock value did not make agreement uneforceable.

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Congress deals setback to patent office

By John Schmid of the Journal Sentinel

Congress has dealt a renewed blow to America's inventors and innovators by stripping another $100 million from the U.S. Patent and Trademark Office, an agency incapacitated by two decades of raids on the fees it collects.

Legislators siphoned the funds as part of the emergency spending bill drafted hastily to avert a shutdown of the government this month. The stopgap measure, which President Barack Obama signed into law Friday, cuts federal spending by $38 billion and quietly offset a fraction of that amount by draining more than $100 million in fee income from the patent office.

Full story.

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