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June 2011
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August 2011

In re Lovin

In a dispute involving a patent claim concerning a method and system of friction welding, judgment of Board of Patent Appeals and Interferences on grounds of obviousness is affirmed where Board reasonably interpreted 37 C.F.R. section 41.37(c)(1)(vii) to require more substantive arguments in an appellant's appeal brief than a mere recitation of the claim elements and a naked assertion that the corresponding elements were not found in the prior art.

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Duramed Pharmaceuticals, Inc. v. Paddock Laboratories, Inc.

In a patent infringement action concerning a claim to conjugated estrogen pharmaceutical compositions for use in hormone replacement therapies, order of the district court granting summary judgment in favor of defendant is affirmed where the court did not err in holding that prosecution history estoppel bars plaintiff's allegations of infringement under the doctrine of equivalents.

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Rodriguez-Valencia v. Holder

In a petition for review of an order of the BIA denying petitioner's application for cancellation of removal, petition is denied where the BIA properly held that the convictions of petitioner, a native and citizen of Mexico, for willfully manufacturing, intentionally selling, and knowingly possessing for sale more than 1,000 articles bearing a counterfeit trademark in violation of California Penal Code section 350(a)(2) constitute an aggravated felony.

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Prescription drug prices set to fall as patents expire

By David W Freeman

(CBS/AP) Prescription drug prices may be sky-high now but are poised to fall dramatically.

In the next 14 months, seven of the world's 20 best-selling drugs are scheduled to go "off patent." As they do, the brand-name drugs will lose out to generic versions, cutting costs for patients and companies that provide health benefits.

Generic versions of big-selling drugs for high cholesterol, high blood pressure, asthma, diabetes, depression, high triglycerides, HIV/AIDS, and bipolar disorder also are on the way.

Full story.

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Retractable Technologies, Inc. v. Becton, Dickinson and Co.

In a dispute arising for an action for patent infringement, judgment and injunction of the district court in favor the plaintiff is affirmed in part and reversed in part where the district court erred in its construction of the claim term body but did not otherwise err.

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General Protecht Group, Inc. v. Leviton Manufacturing Co., Inc.

In a dispute arising from the grant of a preliminary injunction to enforce a forum selection clause in a settlement agreement, judgment of the district court is affirmed where it correctly determined that the forum selection clause applies to the case and did not abuse its discretion in granting the preliminary injunction.

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Spooner v. EEN, Inc.

In a dispute arising from the unauthorized use of plaintiff's music composition in violation of the Copyright Act, 17 U.S.C. section 106, judgment of the district court awarding plaintiff fees is affirmed where award was not an abuse of discretion as the court properly applied the lodestar method.

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Global Packaging, Inc. v. Superior Court

In dispute arising from an action for breach of an end user license agreement, judgment of the trial court denying motion to quash service of summons for lack of jurisdiction is reversed where the court improperly interpreted a contractual provision to be a forum-selection clause by conflating venue, forum, and jurisdiction.

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American Calcar, Inc. v. American Honda Motor Company, Inc.

In a patent infringement dispute concerning various aspects of vehicle computer systems and arising from multiple claims, judgment of the district court is affirmed where summary judgment on non-infringement claim was proper; reversed on a denial of JMOL regarding the validity of a certain patent; and vacated with instructions to reconsider with respect to decision on inequitable conduct.

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Samsung Drops Counter-Suit Against Apple in California

By Bomi Lim

Samsung Electronics Co. dropped a patent-infringement suit against Apple Inc. (AAPL), filed at a U.S. federal court in April in response to allegations its Galaxy products copied the iPhone and iPad.

Samsung Electronics dropped the suit on June 30 “to streamline the legal proceedings,” Nam Ki Yung, a spokesman for the Suwon, South Korea-based company, said today in a telephone interview. Samsung will continue to defend its patent rights through a counter-claim in an earlier suit Apple filed at the same court in San Jose, California, he said.

Full story.

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