1. C.W. Zumbiel Co. v. Kappos,
2011-1332, 2011-1333, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT,
2012 U.S. App. LEXIS 26554, December 27, 2012, Decided [enhanced version
available to lexis.com subscribers]
CORE TERMS: carton,
flap, finger, container, top, tear, row, tear-line, prior art, dispenser ...
2. Presidio Components, Inc. v.
Am. Tech. Ceramics Corp., 2010-1355, 2011-1089, UNITED STATES COURT OF APPEALS
FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 25938, December 19, 2012, Decided
[enhanced version available
to lexis.com subscribers]
OVERVIEW: District
court abused its discretion in denying a permanent injunction to a patentee
that clearly suffered irreparable injury where an alleged infringer selling
similar capacitors violated patentee's right to exclusivity under 35 U.S.C.S. §
154(a)(1). The alleged infringer could not proceed on a qui tam counterclaim
under 35 U.S.C.S. § 292(b).
CORE TERMS: capacitor,
marking, plate, dielectric, monolithic, injunction, infringement, seam, patent,
irreparable injury ...
3. Intel Corp. v. Negotiated Data
Solutions, Inc., 2011-1448, UNITED STATES COURT OF APPEALS FOR THE FEDERAL
CIRCUIT, 2012 U.S. App. LEXIS 25712, December 17, 2012, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: Parties'
licensing agreement permitted appellee to practice the patents-in-suit because
it was reasonable to conclude that the parties' mutual intent at the time of
contracting was that the broad and unrestricted grant of license extended to
any reissues thereof, and such an interpretation was not inconsistent with 35
U.S.C.S. § 251.
CORE TERMS: patent,
reissue, license, original patent, licensed, invention, infringement, summary
judgment, continuation, licensee ...
4. In re Rosuvastatin Calcium
Patent Litig. v. Aurobindo Pharma Ltd., 2010-1460, 2010-1461, 2010-1462,
2010-1463, 2010-1464, 2010-1465, 2010-1466, 2010-1467, 2010-1468, 2010-1469,
2010-1470, 2010-1471, 2010-1472, 2010-1473, UNITED STATES COURT OF APPEALS FOR
THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 25694, December 14, 2012, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: Where
the patent in suit had been validly reissued under former 35 U.S.C.S. § 251,
makers of a generic statin who filed Abbreviated New Drug Applications under 21
U.S.C.S. § 355, were liable for acts of infringement under 35 U.S.C.S. §
271(e).
CORE TERMS: patent,
reissue, compound, rosuvastatin, patentee, deceptive, prior art, statin,
overlap, inequitable conduct ...
5. Osram Sylvania, Inc. v. Am.
Induction Techs., Inc., 2012-1091, 2012-1135, UNITED STATES COURT OF APPEALS
FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 25528, December 13, 2012, Decided
[enhanced version
available to lexis.com subscribers]
OVERVIEW: Patent
claimed a certain closed-loop tubular electrodeless lamp. Because genuine
issues of material fact, Fed. R. Civ. P. 56, precluded a finding of
anticipation and obviousness on summary judgment, and because district court
erred in failing to consider objective indicia of nonobviousness, the court
reversed and remanded grant of summary judgment.
CORE TERMS: lamp,
prior art, summary judgment, obviousness, torr, buffer, invalidity, patent,
skill, anticipation ...
6. Raylon v. Complus Data
Innovations, Inc., 2011-1355, 2011-1356, 2011-1357, 2011-1358, 2011-1359,
UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 700 F.3d 1361; 2012
U.S. App. LEXIS 25111, December 7, 2012, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: District
court abused its discretion in denying Fed. R. Civ. P. 11 sanctions against a
patentee who brought an infringement action because the court based its
decision on a subjective view of the patentee's motivations. Under Fifth
Circuit law, the Rule 11 analysis should have been a strictly objective
inquiry.
CORE TERMS: raylon,
housing, mounted, display, pivotally, printer, patent, infringement,
objectively, assembly ...
7. Pregis Corp. v. Kappos,
2010-1492, 2010-1532, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT,
700 F.3d 1348; 2012 U.S. App. LEXIS 25056, December 6, 2012, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: Competitor
could not seek review under the Administrative Procedure Act (APA), 5 U.S.C.S.
§§ 701-706, of a decision by the PTO to issue a patent because the
comprehensive legislative scheme of the Patent Act precluded such review and
the competitor had an adequate remedy in court under 35 U.S.C.S. § 282 to
challenge validity.
CORE TERMS: patent,
fuss, perkins, film, judicial review, machine, Patent Act, infringement,
obviousness, prior art ...
8. In re Shunpei Yamazaki,
2012-1086, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S.
App. LEXIS 25055; 104 U.S.P.Q.2D (BNA) 2024, December 6, 2012, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: Patent
and Trademark Office reissue proceedings could not be used to withdraw a
terminal disclaimer from an issued patent under 35 U.S.C.S. § 251 and extend
the term of that patent because when the patent issued with its terminal
disclaimer in effect, that disclaimer became part of the original patent and
served to define its term.
CORE TERMS: disclaimer,
patent, terminal, reissue, original patent, withdraw, recorded, expiration
date, examiner, issuance ...
9. Cummins, Inc. v. TAS Distrib.
Co., 2010-1134, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 700
F.3d 1329; 2012 U.S. App. LEXIS 24972, December 5, 2012, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: Claims
of a licensee of patents related to technology that automatically turned a
diesel engine on or off that the patents were invalid were barred by res
judicata since the claims could have been, but were not, raised in a prior
action by the patentee alleging a breach of the license agreement which was
based on the same operative facts.
CORE TERMS: res
judicata, patent, license agreement--, technology, royalty, counterclaim, res
judicata, invalidity, engine, patent misuse ...
10. Deere & Co. v. Bush Hog,
LLC, 2011-1629, 2011-1630, 2011-1631, UNITED STATES COURT OF APPEALS FOR THE
FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 24895; 104 U.S.P.Q.2D (BNA) 1881,
December 4, 2012, Decided [enhanced version
available to lexis.com subscribers]
OVERVIEW: Finding
of non-infringement of patent disclosing easy-clean dual wall deck for rotary
mowing cutter was improper since engagement with lower deck was improperly
construed to require direct contact, but patent was properly found to include
mowers which were not towed and claim terms "substantially planar"
and "easily washed off" were not indefinite.
CORE TERMS: deck,
cutter, rotary, lower deck, specification, engagement, upper deck, invention,
upper, summary judgment ...
....
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