Perfect Web Technologies, Inc. V. InfoUSA, Inc.
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Perfect Web Technologies, Inc. V. InfoUSA, Inc.
''Perfect Web Technologies, Inc. v. InfoUSA, Inc.'' 587 F.3d 1324 (Fed. Cir. 2009), is a United States Court of Appeals for the Federal Circuit case in which the court held that a patent can be invalidated due to the obvious nature of the asserted claim (patent), claims. Perfect Web, an e-mail marketer, sued its competitor InfoUSA for patent infringement, claiming that InfoUSA's bulk email distribution method infringed its Patent No. 6,631,400 ('400 patent).. The district court initially found that the patent did not meet the Inventive_step_and_non-obviousness#United_States, non-obviousness requirement and was therefore invalid. On appeal, The Federal Court agreed that the patent was obvious because someone of ordinary skill could arrive at the patent claim using common sense. Background Tom DiStefano of Perfect Web Technologies filed his quota-fulfilling bulk email patent, U.S. Patent No. 6,631,400, during the height of the internet tech bubble on April 13, 2000. The '400 patent as ...
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United States Court Of Appeals For The Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the Federal judiciary of the United States, U.S. federal court system. It has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademarks, government procurement, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other categories. Unlike other federal courts, the Federal Circuit has no jurisdiction over cases involving Federal crime in the United States, criminal, Bankruptcy in the United States, bankruptcy, Immigration to the United States, immigration, or State law (United States), U.S. state law. Headquartered in Washington, D.C., the Federal Circuit was created in 1982 with passage of the Federal Courts Improvement Act, which merged the United States Court of Cus ...
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Claim Construction
In a patent or patent application, the claims define, in technical terms, the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application. In other words, the purpose of the claims is to define which subject-matter is protected by the patent (or sought to be protected by the patent application). This is termed as the "notice function" of a patent claim—to warn others of what they must not do if they are to avoid infringement liability. The claims are of the utmost importance both during prosecution and litigation alike. For instance, a claim could read: * "An apparatus for catching mice, said apparatus comprising a base, a spring member coupled to the base, and ..." * "A chemical composition for cleaning windows, said composition substantially consisting of 10–15% ammonia, ..." * "Method for computing future life expectancies, said method comprising gathering data including X, Y, Z, analyzing the data, comparing the analyz ...
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United States Internet Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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United States Court Of Appeals For The Federal Circuit Cases
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ...
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Graham V
Graham and Graeme may refer to: People * Graham (given name), an English-language given name * Graham (surname), an English-language surname * Graeme (surname), an English-language surname * Graham (musician) (born 1979), Burmese singer * Clan Graham, a Scottish clan * Graham baronets Fictional characters * Graham Aker, in the anime ''Gundam 00'' * Project Graham, what a human would look like to survive a car crash Places Canada * Graham, Sudbury District, Ontario * Graham Island, part of the Charlotte Island group in British Columbia * Graham Island (Nunavut), Arctic island in Nunavut United States * Graham, Alabama * Graham, Arizona * Graham, Florida * Graham, Georgia * Graham, Daviess County, Indiana * Graham, Fountain County, Indiana * Graham, Kentucky * Graham, Missouri * Graham, North Carolina * Graham, Oklahoma * Graham, Texas * Graham, Washington Elsewhere * Graham Land, Antarctica * Graham Island (Mediterranean Sea), British name for a submerged volcanic island ...
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KSR V
KSR may refer to: * Kam Sheung Road station, Hong Kong; MTR station code * Kendall Square Research, former supercomputer company, Cambridge, Massachusetts, US * Keyboard Send Receive, a type of teleprinter made by Teletype Corporation * ''KSR v. Teleflex'', a US patent lawsuit * Katahdin Scout Reservation, a BSA camp in Maine, US * King Shaka Regiment, an infantry regiment of the South African Army * Korean State Railway, North Korea state railways * KSR1 (kinase suppressor of Ras 1), an enzyme and gene * Kim Stanley Robinson Kim Stanley Robinson (born March 23, 1952) is an American writer of science fiction. He has published twenty-two novels and numerous short stories and is best known for his ''Mars'' trilogy. His work has been translated into 24 languages. Many ...
, science fiction writer {{disambiguation ...
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35 U
35 or XXXV may refer to: * 35 (number), the natural number following 34 and preceding 36 * one of the years 35 BC, AD 35, 1935, 2035 * ''XXXV'' (album), a 2002 album by Fairport Convention * ''35xxxv ''35xxxv'' (read as ''thirty five'' or ''Sātīfaibu'') is the seventh studio album by the Japanese band One OK Rock. It was released on February 11, 2015. This is their first album recorded abroad, primarily in the US. The song "Mighty Long Fal ...'', a 2015 album by One Ok Rock * "35" (song), a 2021 song by New Zealand youth choir Ka Hao * "Thirty Five", a song by Karma to Burn from the album '' Almost Heathen'', 2001 * III-V, a type of semiconductor material {{Numberdis ...
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United States District Court For The Southern District Of Florida
The United States District Court for the Southern District of Florida (in case citations, S.D. Fla. or S.D. Fl.) is the federal United States district court with territorial jurisdiction over the southern part of the state of Florida.. Appeals from cases brought in the Southern District of Florida are to the United States Court of Appeals for the Eleventh Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). History On the same day that Florida was admitted as a state, March 3, 1845, Congress enacted legislation creating the United States District Court for the District of Florida, .Asbury Dickens, ''A Synoptical Index to the Laws and Treaties of the United States of America'' (1852), p. 393.U.S. Distric ...
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Prior Art
Prior art (also known as state of the art or background art) is a concept in patent law used to determine the patentability of an invention, in particular whether an invention meets the novelty and the inventive step or non-obviousness criteria for patentability. In most systems of patent law, prior art is generally defined as anything that is made available, or disclosed, to the public that might be relevant to a patent's claim before the effective filing date of a patent application for an invention. However, notable differences exist in how prior art is specifically defined under different national, regional, and international patent systems. The prior art is evaluated by patent offices as part of the patent granting process in what is called “substantive examination” of a patent application in order to determine whether an invention claimed in the patent application meets the novelty and inventive step or non-obviousness criteria for patentability. It may also be consid ...
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Markman Hearing
A ''Markman'' hearing is a pretrial hearing in a U.S. District Court during which a judge examines evidence from all parties on the appropriate meanings of relevant key words used in a patent claim, when patent infringement is alleged by a plaintiff. It is also known as a "Claim Construction Hearing". Holding a ''Markman'' hearing in patent infringement cases has been common practice since the U.S. Supreme Court, in the 1996 case of ''Markman v. Westview Instruments, Inc.'', found that the language of a patent is a matter of law for a judge to decide, not a matter of fact for a jury to decide. In the United States, juries determine facts in many situations, but judges determine matters of law. ''Markman'' hearings are important, because the court determines patent infringement cases by the interpretation of claims. A ''Markman'' hearing may encourage settlement, because the judge's claim construction finding can indicate a likely outcome for the patent infringement case as a ...
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Richard Linn
Richard Linn (born April 13, 1944 in Brooklyn, New York) is a Senior United States circuit judge of the United States Court of Appeals for the Federal Circuit. Education and Experience As a youth, Linn attended Poly Prep Country Day School. He earned a Bachelor of Electrical Engineering degree from Rensselaer Polytechnic Institute in 1965. He was a patent examiner, United States Patent and Trademark Office from 1965 to 1968. He earned a Juris Doctor from Georgetown University Law Center in 1969. Linn served as a patent adviser in the Office of Naval Research of the Naval Air Systems Command from 1971 to 1972. He specialized in patent and intellectual property law in private practice at the law firms of Marks & Murase, and Foley & Lardner. Federal judicial service Linn was nominated by President Bill Clinton on September 28, 1999, to a seat on the United States Court of Appeals for the Federal Circuit vacated by Judge Giles Rich. He was confirmed by the United States Senate ...
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Summary Judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ... for one party and against another party summarily, i.e., without a full Trial (law), trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of suc ...
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