1. Joyce v. Teasdale, No.
10-1362, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, 2011 U.S. App.
LEXIS 6388, September 23, 2010, Submitted, March 29, 2011, Filed [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Rule
12(b)(6) dismissal of malpractice suit against firm as time-barred by Mo. Rev.
Stat. § 516.120(4) was reversed given client's allegations that, in signing
documents that firm had prepared for entity in which client had interest and
that favored entity's interests, he had relied on firm's advice that his
interests were sufficiently protected.
CORE TERMS: firewall,
technology, signing, patent, notice, patent license, statute of limitations,
actionable, invention, law firm ...
2. Empresa Cubana Exportadora
De Alimentos Y Productos Varios v. United States Dep't of the Treasury, No.
09-5196, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT,
2011 U.S. App. LEXIS 6297, September 24, 2010, Argued, March 29, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Because
Cuban Assets Control Regulations stated exceptions were revocable at any time,
Cuban exporter had no vested right to perpetual renewal of trademark. Court
interpreted Omnibus Consolidated and Emergency Supplemental Appropriations Act,
1999, Pub. L. No. 105-277, § 211(a)(1), 112 Stat. 2681, according to its terms.
CORE TERMS: trademark,
renewal, vested right, retroactivity, license, registration, renew, registered,
patent, register ...
3. In re Violation of Rule 28
(D), Miscellaneous Docket No. 976, UNITED STATES COURT OF APPEALS FOR THE
FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 6312, March 29, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Counsel's
conduct in designating as confidential, per Fed. Cir. R. 28(d), substantially
all text in merit brief in appeal in patent infringement case, including most
of counsel's legal argument, was improper and violated Rule 28. Because conduct
could not be justified by good faith reading of rule, monetary sanction was
properly imposed on counsel.
CORE TERMS: confidential,
protective order, confidentiality, marking, consent judgment, license
agreement, disclosure, generic, seal, marked ...
4. In re Jung, 2010-1019,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2011 U.S. App. LEXIS
6214, March 28, 2011, Decided [enhanced version available
to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: The
Board of Patent Appeals and Interferences properly sustained the invalidity of
an applicant's claims for anticipation or obviousness, as an examiner was not
required to explicitly preempt every possible response to a 35 U.S.C.S. § 102
rejection in order to establish prima facie anticipation under 35 U.S.C.S. §
132.
CORE TERMS: examiner,
controller, well-charge-level, prima facie case, pump, prior art, operably,
coupled, reset, anticipation ...
5. Cafasso v. Gen. Dynamics C4
Sys., No. 09-16181, No. 09-16607, No. 09-17710, UNITED STATES COURT OF
APPEALS FOR THE NINTH CIRCUIT, 2011 U.S. App. LEXIS 5979, November 3, 2010,
Argued and Submitted, San Francisco, California, March 24, 2011, Filed [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Former
employee's qui tam action against an employer failed to state a claim under 31
U.S.C.S. § 3729 of the False Claims Act because no false claim was alleged; the
employer's alleged conduct might have been a breach of contract but not a false
claim. A retaliation claim under 31 U.S.C.S. § 3730(h) failed absent evidence
of a causal connection.
CORE TERMS: false
claim, invention, qui tam, technology, summary judgment, discovery, new
inventions, retaliation, fraudulent, contractor ...
6. Aventis Pharma S.A. v.
Hospira, Inc., 2011-1018, -1047, UNITED STATES COURT OF APPEALS FOR THE
FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 6020, March 24, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
CORE TERMS: cross-appeal,
patent, invalidity, invalid, non-infringement, conditional, briefing,
unenforceable, obviousness, affirming ...
7. In re Verizon Bus. Network
Servs., Miscellaneous Docket No. 956, UNITED STATES COURT OF APPEALS FOR
THE FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 5913, March 23, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Transfer
of patent infringement action to far more convenient venue under 28 U.S.C.S. §
1404(a) was improperly denied based solely on prior lawsuit involving same
patent, since prior lawsuit settled five years previously, there was more
recent reexamination, and stark contrast in convenience to identified witnesses
clearly warranted transfer.
CORE TERMS: patent,
miles, technology, lawsuit, venue, writ of mandamus, reexamination,
convenience, convenient, mandamus ...
8. Innovention Toys, LLC v.
MGA Entm't, Inc., 2010-1290, UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT, 2011 U.S. App. LEXIS 5664, March 21, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Patent
claimed a chess-like, light-reflecting board game and playing methods.
Regarding literal infringement, district court correctly found no genuine
issues of material fact regarding infringement based on its construction of
claim term "movable." However, it erred in several of its factual
findings underlying its 35 U.S.C.S. § 103 determination.
CORE TERMS: laser,
chess, skill, player, movable, playing, infringement, space, obviousness,
patent ...
9. Am. Piledriving Equip.,
Inc. v. Geoquip, Inc., 2010-1283, 2010-1314, UNITED STATES COURT OF APPEALS
FOR THE FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 5663, March 21, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Patent
related to counterweights for "vibratory" pile drivers. In course of
construing claims, one district court carefully avoided redefining claims and
reading limitations into claims from written description. However, the other
district court improperly imported limitations from specification into its
construction of "eccentric weight portion."
CORE TERMS: eccentric,
gear, counterweight, integral, insert, cylindrical, specification,
insert-receiving, pile drivers, vibratory ...
10. Old Reliable Wholesale,
Inc. v. Cornell Corp., 2010-1247, UNITED STATES COURT OF APPEALS FOR THE
FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 5139, March 16, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Award
of attorney fees under 35 U.S.C.S. § 285 to a roof manufacturer which defeated
a patent infringement action by showing invalidity by anticipation of a patent
directed toward insulated roof board was not warranted, since the assignee of
the patent had an objectively reasonable basis for contending that the patent
was not anticipated.
CORE TERMS: prior
art, block, layer, patent, spaced, attorney fees, insulation, reexamination,
integral, infringement ...
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