1. Global-Tech Appliances, Inc. v. SEB S.A., No.
10-6, SUPREME COURT OF THE UNITED STATES, 2011 U.S. LEXIS 4022, February 23,
2011, Argued, May 31, 2011, Decided, The
LEXIS pagination of this document is subject to change pending release of the
final published version. [enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law]
OVERVIEW: Induced
infringement under 35 U.S.C.S. § 271(b) required knowledge that the induced
acts constituted patent infringement, and because a competitor's designers
copied all but the cosmetic features of a patent holder's product based on an
overseas model, knowing it was for U.S. sales but had no patent markings, a
verdict of liability was affirmed.
CORE TERMS:
patent, infringement, willful, blindness, fryer, induced, contributory,
deep fryer, patented, induce ...
2. Voice of the Arab World, Inc. v. MDTV Med. News
Now, Inc., No. 10-1396, UNITED STATES COURT OF APPEALS FOR THE FIRST
CIRCUIT, 2011 U.S. App. LEXIS 10882, May 27, 2011, Decided [enhanced version / unenhanced version]
CORE TERMS: mdtv,
irreparable harm, injunctive relief, preliminary injunction, trademark
infringement, registration, website, injunction, patent, likelihood of success
...
3. Therasense, Inc. v. Becton, Dickinson & Co.,
2008-1511, 2008-1512, 2008-1513, 2008-1514, 2008-1595, UNITED STATES COURT OF
APPEALS FOR THE FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 10590, May 25, 2011,
Decided [enhanced version / unenhanced version]
OVERVIEW: Court of
appeals tightened standards for finding inequitable conduct in patent
infringement actions, and adopted a standard that requires an accused infringer
to prove by clear and convincing evidence that a patentee acted with specific
intent to deceive the PTO, and that the deception had a material effect on the
PTO's decision to award a patent.
CORE TERMS:
patent, inequitable conduct, materiality, patentee, membrane,
disclosure, misconduct, examiner, blood, prior art ...
4. Tessera, Inc. v. ITC, 2010-1176, UNITED STATES
COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 10363, May 23,
2011, Decided [enhanced version / unenhanced version]
CORE TERMS:
patent, layer, top layer, terminals, licensee, solder, mask, license,
exhaustion, barrier ...
5. In re Brimonidine Patent Litig.; Allergan, Inc. v.
Exela Pharmsci Inc., 2010-1102, 2010-1103, UNITED STATES COURT OF APPEALS
FOR THE FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 10151, May 19, 2011, Decided [enhanced version / unenhanced version]
OVERVIEW: Where
defendants' abbreviated new drug applications were found to have infringed
plaintiff's patents for eye drop formulations for treatment of glaucoma, under
35 U.S.C.S. § 271(e)(2), the court of appeals affirmed as to the validity of
the patents, but reversed one finding of infringement by an abbreviated new
drug application.
CORE TERMS:
brimonidine, patent, concentration, tears, preservative, solubility,
chlorine dioxide, infringement, oxidation, disclose ...
6. Arris Group, Inc. v. British Telcoms. PLC,
2010-1292, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2011 U.S.
App. LEXIS 10150, May 19, 2011, Decided [enhanced version / unenhanced version]
OVERVIEW: Judgment
dismissing a supplier's declaratory judgment suit was reversed because even in
the absence of an express accusation against the supplier, there was a dispute
between the supplier and the patentee concerning the supplier's liability for
contributory infringement that was sufficient to constitute a U.S. Const. art.
III case or controversy.
CORE TERMS:
infringement, cable, network, supplier's, patent, customer, declaratory
judgment, contributory, patents-in-suit, presentation ...
7. Hynix Semiconductor Inc. v. Rambus Inc.,
2009-1299, 2009-1347, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT,
2011 U.S. App. LEXIS 9728, May 13, 2011, Decided [enhanced version / unenhanced version]
OVERVIEW: Court of
appeals vacated a judgment awarding a patentee $349,035,842 after a jury found
that semiconductor manufacturers infringed patents which pertained to dynamic
random access memory technology. The district court applied the wrong standard
when it found that the patentee was not precluded from recovering damages
because it destroyed evidence.
CORE TERMS:
patent, bus, reasonably foreseeable, contingency, spoliation, written
description, manufacturer, obviousness, new trial, disclosure ...
8. Micron Tech., Inc. v. Rambus Inc., 2009-1263,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2011 U.S. App. LEXIS
9730, May 13, 2011, Decided, As
corrected May 16, 2011. [enhanced version / unenhanced version]
OVERVIEW: Court
affirmed determination that patentee spoliated documents, but vacated dismissal
sanction. In determining that a spoliator acted in bad faith, a district court
had to do more than state the conclusion of spoliation and note that the
document destruction was intentional. Basis of bad faith determination was not clear,
requiring remand.
CORE TERMS:
patent, bad faith, spoliation, destruction, manufacturer, reasonably
foreseeable, destroyed, retention, licensing, memory ...
9. In re Huai-Hung Kao, 2010-1307, 2010-1308,
2010-1309, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2011 U.S.
App. LEXIS 9729, May 13, 2011, Decided [enhanced version / unenhanced version]
OVERVIEW: Board of
Patent Appeals and Interferences' decision rejecting U.S. Patent App. No.
11/680,432, which pertained to controlled-release tablets containing
moxymorphone, was vacated because Board based its finding of obviousness on
factual findings that lacked substantial evidence and Board improperly refused
to credit evidence of commercial success.
CORE TERMS:
oxymorphone, obviousness, dissolution, prior art, secondary, invention,
opioid, correlation, unexpected, examiner ...
10. In re Mostafazadeh, 2010-1260, UNITED STATES
COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2011 U.S. App. LEXIS 9042, May 3,
2011, Decided [enhanced version / unenhanced version]
OVERVIEW: Because
the application for patent reissue pursuant to 35 U.S.C.S. § 251 impermissibly
attempted to recapture subject matter surrendered during prosecution of the
original patent application, it was not improper for the Board of Patent
Appeals to reject the patent holders' reissue application.
CORE TERMS:
reissue, surrendered, recapture, subject matter, die, narrowing, patent,
pad, frame, bus bars ...
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