December 2009 – Click for full issue

• Eastern District of Virginia imposes tougher requirements for a patentee to obtain a preliminary injunction by requiring the patentee to make a “clear showing” of entitlement to relief
• Eastern District of Texas now applying a more main-stream view on transferring patent infringement actions
• Tafas saga concludes, but Federal Circuit may have raised roadblocks for future litigants to obtain vacatur as part of settling a patent litigation
• Federal Circuit rules that unclaimed effectiveness level could not save method claim from a finding of anticipation
• While excluding evidence of pending reexamination proceeding under F.R.E. 403, district court also excludes evidence of the “presumption of validity”
• The 2009-2010 edition of Matthews’ “Patent Jury Instruction Handbook” is now available