1. Radio Sys. Corp. v.
Accession, Inc., 2010-1390, UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT, 2011 U.S. App. LEXIS 8465, April 25, 2011, Decided [enhanced version available
to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Personal
jurisdiction did not exist in Tennessee over the assignee of a patent in a
declaratory judgment suit brought by the manufacturer of an allegedly
infringing device; cease-and-desist communications were an insufficient basis
for jurisdiction, and the assignee's communications with the PTO did not
support jurisdiction in Tennessee.
CORE TERMS: patentee's,
patent, personal jurisdiction, declaratory judgment action, forum state,
e-mail, correspondence, electronic, infringement, confidential information ...
2. Lexion Med., LLC v.
Northgate Techs., Inc., 2009-1494, UNITED STATES COURT OF APPEALS FOR THE
FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 8299, April 22, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Plaintiff
patentee was entitled to summary judgment concluding that defendant literally
infringed a patent for an apparatus to heat gas used in laparoscopic procedures
because the record amply supported the trial court's interpretation of the
claim term at issue and there were no genuine issues of material fact regarding
infringement.
CORE TERMS: temperature,
predetermined, declaration, patient, summary judgment, specification's,
infringement, heating, fluctuation, chamber ...
3. Tivo Inc. v. Echostar Corp.,
2009-1374, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2011 U.S.
App. LEXIS 8142, April 20, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Where
there was a colorable issue of fact as to whether an alleged infringer's use of
a redesigned video recorder was enjoined pursuant to 35 U.S.C. 283 and Fed. R.
Civ. P. 65(d), the district court was ordered to reconsider whether to hold a
new infringement proceeding; the infringer had waived challenging the scope of
the injunction.
CORE TERMS: injunction,
contempt, infringing, infringement, software, disablement, receiver, modified,
functionality, contempt proceedings ...
4. Rembrandt Data Techs., LP
v. AOL, LLC, 2010-1002, UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT, 2011 U.S. App. LEXIS 7896, April 18, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Reciting
both an apparatus and a method of using apparatus rendered a claim indefinite
under 35 U.S.C.S. § 112, para. Applying this doctrine, district court correctly
held claim 3 and its dependent claims 4-11 of one patent invalid for
indefiniteness. Also, patent assignee's right to enforce against defendants was
extinguished by patent exhaustion.
CORE TERMS: bit,
modem, buffer, license, encoding, frame, trellis, fractional, algorithm,
combining ...
5. In re Tanaka,
2010-1262, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2011 U.S.
App. LEXIS 7739, April 15, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Court
reversed Board of Patent Appeals and Interferences' holding that a reissue
application that retained all of the original patent claims and added only
narrower claims did not present the type of error correctable by reissue under
35 U.S.C.S. § 251 because the determination was contrary to the court's
longstanding precedent.
CORE TERMS: reissue,
patent, original patent, original claims, narrower, invention, inoperative,
correction, patentee, subject matter ...
6. McKesson Techs. Inc. v.
Epic Sys. Corp., 2010-1291, UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT, 2011 U.S. App. LEXIS 7531, April 12, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Method
claim was directly infringed only if each step of claimed method was performed
by single party. Since patent holder was unable to attribute performance of all
the steps of the asserted method claims to a single party--namely, the alleged
infringer's healthcare-provider customers--court affirmed Fed. R. Civ. P. 56
finding of noninfringement.
CORE TERMS: infringement,
patient's, patent, provider, user, entity, customer, indirect, interactive,
patentee ...
7. Tewari De-Ox Sys. v.
Mountain States/Rosen, L.L.C., No. 10-50137, UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT, 2011 U.S. App. LEXIS 6870, April 5, 2011, Filed [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Meat-packing-method
developer's misappropriation of trade secrets claim against meat seller
survived summary judgment because, although any information disclosed in patent
applications were no longer trade secrets, the conclusion that the developer
did not have any trade secrets because each of their elements was disclosed was
in error.
CORE TERMS: trade
secrets, summary judgment, patent, fiduciary duty, reconsideration, secret,
oxygen, misappropriation, disclosure, partial ...
8. Crown Packaging Tech., Inc.
v. Ball Metal Bev. Container Corp., 2010-1020, UNITED STATES COURT OF
APPEALS FOR THE FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 6697; 98 U.S.P.Q.2D (BNA)
1244, April 1, 2011, Decided [enhanced version
available to lexis.com subscribers / unenhanced version
available from lexisONE Free Case Law]
OVERVIEW: Asserted
claims were improperly invalidated for violating the written description
requirement and as anticipated. The patents' common specification conveyed to
one of ordinary skill in the art that a patentee was in possession of the
subject matter of the asserted claims and a material dispute remained as to
what the prior art inherently disclosed.
CORE TERMS: chuck,
bead, specification, reinforcing, written description, seaming, invention,
metal, prior art, embodiment ...
9. Compak Cos. v. Johnson,
No. 03 C 7427, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF
ILLINOIS, EASTERN DIVISION, 2011 U.S. Dist. LEXIS 45677, April 28, 2011,
Decided, April 28, 2011, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: communion,
duotech, machine, cup, license agreement, royalty, patent, packaging, com,
closing argument ...
10. Simonian v. Allergan, Inc.,
No. 10 C 02414, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF
ILLINOIS, EASTERN DIVISION, 2011 U.S. Dist. LEXIS 45702, April 28, 2011,
Decided, April 28, 2011, Filed [enhanced version
available to lexis.com subscribers]
CORE TERMS: qui
tam, false-marking, patent, marking, notice, independent counsel, fine,
criminal action, settlement, intervene ...
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