近期專利相關判決整理

1. Bowman v. Monsanto (US Supreme Court, May 13, 2013)

Patent exhaustion does NOT permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission.

2. CLS Bank v. Alice Corp. (Fed. Cir. 2013) (en banc)

Upon consideration en banc, a majority of the court affirms the district court’s holding that the asserted method and computer-readable media claims are not directed to eligible subject matter under 35 U.S.C. § 101.  An equally divided court affirms the district court’s holding that the asserted system claims are not directed to eligible subject matter under that statute.

3. Motiva, LLC v. International Trade Commission and Nintendo Co., Ltd. (Fed. Cir. 2013)

The Commission properly determined that a domestic industry does not exist nor is in the process of being established for the US patents asserted by Motiva.

4. Realtek Semiconductor v. LSI (No. 12-cv-03451, N.D. Cal.)

(1) Defendants breached their RAND licensing obligations to Realtek by failing to offer a license to the declared standard essential patents before filing a Section 337 action at the ITC seeking an exclusion order.

(2) Realtek's request for a preliminary injunction barring defendants from enforcing any exclusion order or injunctive relief by the ITC is granted.  This Order shall remain in effect until this court has determined defendants' RAND obligations and defendants have complied therewith.