1. In re Baxter Int'l, Inc.,
2011-1073, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S.
App. LEXIS 22287, October 26, 2012, Decided [enhanced version available to lexis.com subscribers]
CORE TERMS: patent,
reexamination, en banc, res judicata, final judgment, finality, holder,
redetermination, final decision, well-established ...
2. Flo Healthcare Solutions, LLC
v. Kappos, 2011-1476, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT,
2012 U.S. App. LEXIS 22081, October 23, 2012, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: Patent
described a mobile computer work-station intended for medical care
environments. Term "height adjustment mechanism," reasonably imparted
sufficient structure so that the presumption against applying 35 U.S.C.S. §
112, para. 6 in this context was not overcome. Court nevertheless agreed claims
did not require length-adjustable vertical beam.
CORE TERMS: patent,
height, adjustment mechanism, examiner, broadest, reasonable interpretation,
reexamination, vertical, beam, prior art ...
3. Energy Transp. Group, Inc. v.
William Demant Holding A/S, 2011-1487, 2011-1488, 2011-1489, UNITED STATES
COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 21200, October
12, 2012, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: Trial
court had not erred when it admitted an expert report as to damages as not
unduly prejudicial under Fed. R. Evid. 403, and the jury's finding that
defendants had infringed, because a prior art patent under 35 U.S.C.S. § 102(e)
did not anticipate or disclose an important claimed feature.
CORE TERMS: feedback,
filter, acoustic, signal, patent, hearing aid, coefficient, programmable,
amplitude, phase ...
4. Apple Inc. v. Samsung Elecs.
Co., 2012-1507, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012
U.S. App. LEXIS 21085, October 11, 2012, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: A
court reversed an order enjoining an alleged infringer from selling its
smartphone because a patentee presented no evidence that directly tied consumer
demand for the product to the allegedly infringing feature. The causal link
between the alleged infringement and consumer demand was too tenuous to support
a finding of irreparable harm.
CORE TERMS: module,
heuristic, nexus, algorithm, causal, irreparable harm, plurality, unified,
infringement, consumer demand ...
5. SanDisk Corp. v. Kingston
Tech. Co., 2011-1346, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT,
2012 U.S. App. LEXIS 20938, October 9, 2012, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: Where
a final judgment as to the infringement or validity of claims had not been
entered, the court's claim constructions impacting those withdrawn claims were
not reviewable on appeal. The district court erred in part in determining that
an equivalent had been dedicated to the public under 35 U.S.C.S. § 102(b).
CORE TERMS: block,
logical, memory, recording, controller, user, programming, overhead,
specification, updated ...
6. Belkin Int'l, Inc. v. Kappos,
2012-1090, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S.
App. LEXIS 20545, October 2, 2012, Decided [enhanced version available to lexis.com subscribers]
OVERVIEW: Appellant
should have petitioned PTO Director to review determination that the arguments
relying on three prior art references did not raise a substantial new question
of patentability pursuant to 37 C.F.R. § 1.927. It did not do so, and thus that
decision became final and non-appealable, rendering those issues beyond scope
of reexamination.
CORE TERMS: patentability,
reexamination, prior art, requester, examiner, inter partes, patent,
non-appealable, favorable, final decision ...
7. Fujitsu Ltd. v. Tellabs, Inc.,
No. 09 C 4530, UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF
ILLINOIS, EASTERN DIVISION, 2012 U.S. Dist. LEXIS 153911, October 26, 2012,
Decided, October 26, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: optical,
signal, receiver, amplifier, wavelength, photodetector, controller, fiber, coupler,
disclose ...
8. Two Moms and a Toy, LLC v.
Int'l Playthings, LLC, Civil Action No. 10-cv-02271-PAB-BNB, UNITED STATES
DISTRICT COURT FOR THE DISTRICT OF COLORADO, 2012 U.S. Dist. LEXIS 152840,
October 24, 2012, Decided, October 24, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: toy,
pump, faceplate, spout, assembly, patent, prior art, invention, outlet, skill
...
9. Brandywine Communs. Techs.,
LLC v. T-Mobile USA, Inc., Case No: 6:12-cv-272-Orl-36DAB, UNITED STATES
DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, ORLANDO DIVISION, 2012 U.S.
Dist. LEXIS 152644, October 24, 2012, Decided, October 24, 2012, Filed [enhanced version available to lexis.com subscribers]
CORE TERMS: infringement,
patent, induced, willful, contributory, infringe, indirect, patent-in-suit,
infringer, pre-suit ...
10. Havco Wood Prods. v. Indus.
Hardwood Prods., 10-cv-566-wmc, UNITED STATES DISTRICT COURT FOR THE WESTERN
DISTRICT OF WISCONSIN, 2012 U.S. Dist. LEXIS 151447, May 23, 2012, Decided,
October 22, 2012, Filed [enhanced version available to lexis.com subscribers]
OVERVIEW: In
this patent infringement action, defendant's motion for summary judgment was
granted as to the asserted claims of the '766 patent; because defendant's Pound
Saver product contained adhesive-lacking strips running the length of the
board, no reasonable jury could find such a bond to be "continuous."
CORE TERMS: surface,
patent, flooring, floor, trailer, hardwood, discontinuous, adhesive,
infringement, continuously ...
....
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