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July 2011
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Star Scientific, Inc. v. R.J. Reynolds Co.

In an appeal from a judgment of non-infringement and invalidity by the district court concerning two patents claiming tobacco curing methods, judgment is reversed as to the denial of plaintiff's motion for JMOL on validity, but affirmed in all other respects.

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Unigene Laboratories, Inc. v. Aptoex, Inc.

In a patent dispute concerning an FDA-approved nasal spray, judgment of the district court is affirmed where it correctly: 1) granted summary judgment of nonobviousness in favor of plaintiffs; 2) denied summary judgment of obviousness; 3) denied defendants' crime-fraud motion; and 4) dismissed defendants' new claims and defenses.

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Delano Farms Co. v. The California Table Grape Commission

In an action seeking declaratory relief concerning the validity of certain patents under the Plant Variety Protection Act for grapevines that produce table grapes because of prior use and unenforceablity due to inequitable conduct during prosecution, judgment of the trial court is affirmed in part and reversed in part.

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Genetics Institute, LLC v. Novartis Vaccines and Diagnostics, Inc.

In a 35 U.S.C. section 291 dispute involving patents related to truncated forms of a protein called Factor VIII, judgment of the district court is affirmed where it did not err in dismissing action for lack of an interference in fact.

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August Technology Corp. v. Camtek, Ltd.

In a patent infringement dispute involving certain claims to a system and a method for inspecting integrated circuits printed on substrates such as wafers, judgment of the district court that patents are valid, enforceable, and infringed and awarding lost profits and grant of a permanent injunction are affirmed where the court properly denied defendant's motion for judgment as a matter of law and a new trial on invalidity while dismissing its inequitable conduct defense and counterclaim, but reversed where the court erred in its claim construction.

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Flexible Lifeline Systems, Inc. v. Precision Lift, Inc.

In an action for copyright infringement, judgment of the district court granting plaintiff preliminary injunctive relief is reversed where circuit precedent which presumes irreparable harm in a copyright infringement case upon a showing of likelihood of success on the merits runs afoul of eBay Inc. v. MercExchange, L.L.C. and Winter v. Natural Resources Defense Council, Inc.

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Patsy's Italian Restaurant, Inc. v. Banas

In a trademark and unfair competition dispute, judgment of the district court is affirmed where the court correctly: 1) instructed the jury; 2) refused to grant a new trial on the issue of whether defendant made fraudulent statements to the Patent and Trademark Office, as well as its refusal to vacate the jury's verdict that plaintiff did not fraudulently obtain its trademark registrations; 3) refused to reinstate defendant's trademark registration and its cancellation of plaintiff's trademark registrations; and 4) denied attorneys' fees and injunctive relief.

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Cybersource Corp. v. Retail Decisions, Inc.

In a patent dispute involving a method and system for detecting online credit card fraud, judgment of the district court is affirmed where the court properly granted summary judgment to defendant for plaintiff's failure to recite patent-eligible subject matter.

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In re Literary Works in Elect. Databases Copyright Litig.

In a consolidated class-action dispute involving a complaint for copyright infringements arising from defendant-publishers' unauthorized electronic reproduction of plaintiffs' written works, judgment of the district court is reversed where it abused its discretion in certifying the class and approving a settlement, because the named plaintiffs failed to adequately represent the interests of all class members.

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John Wiley & Sons, Inc. v. Kirtsaeng

In a copyright infringement dispute involving the sale of foreign edition textbooks on eBay and the scope of the first sale doctrine, 17 U.S.C. section 109(a), judgment of the district court awarding statutory damages to plaintiff is affirmed because: 1) doctrine does not apply to works manufactured outside of the United States; and 2) the court did not err in its evidentiary rulings.

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