Wednesday, April 14, 2010

CAFC finds that "Nintendo rules" over Anascape

Judge Newman wrote the opinion reversing the judgment of ED Texas. Anascape didn't have enough "written description" in an earlier application to support the later claims.

Of note is Judge GAJARSA, concurring, taking a shot at the recent en banc CAFC decision in Ariad Pharm., Inc. v. Eli
Lilly & Co., No. 2008-1248, 2010 WL 1007369 (Fed. Cir. March 22, 2010). In the recent interview of Judge Rader by Gene Quinn, one might ask where this sort of opinion fits in?

See also Appeals court overturns ruling against Nintendo in patent case: Anascape alleged that Nintendo controllers for the Game Cube and the Wii infringed on its patent.


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