Top 10 Patent Cases for the Month of November 2012

1. Arcelormittal Fr. & Arcelormittal Atlantique v. Steel Corp., 2011-1638, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 24697, November 30, 2012, Decided [enhanced version available to lexis.com subscribers]

CORE TERMS:  steel, resistance, sheet, mechanical, coating, specification, hot-rolled, aluminum, invention, hot-stamping ...

 

2. Fox Group, Inc. v. Cree, Inc., 2011-1576, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 24614, November 28, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  Where challenger produced clear and convincing evidence that it had a low density crystal prior to patentee's date of invention, and patentee did not produce sufficient evidence to raise genuine issues that the challenger abandoned, suppressed, or concealed the invention, summary judgment of invalidity under 35 U.S.C.S. § 102(g)(2) was affirmed.

CORE TERMS:  invention, inventor, patent, wafer, concealment, suppression, abandonment, density, concealed, suppressed ...

 

3. Superior Indus., LLC v. Thor Global Enters., 2011-1549, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 24441, November 27, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  District court erred when it found that a patent holder's claim alleging that a product a Canadian company sold infringed U.S. Patent No. 7,470,101, which described a system for bracing conveyor assemblies, was barred by the doctrine of claim preclusion because it could have been brought when the patent holder filed a trademark infringement action.

CORE TERMS:  trademark, undercarriage, patent, patent infringement, infringement, technology, conveyor, claim preclusion, operative facts, cause of action ...

 

4. Eplus, Inc. v. Lawson Software, Inc., 2011-1396, -1456, -1554, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 24097, November 21, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  Patents taught systems and methods for "electronic sourcing." System claims were drafted as means plus function claims under 35 U.S.C.S. § 112. Court agreed with alleged infringer that the specification did not disclose sufficient structure for the "means for processing" limitation. Court reversed determination system claims were not indefinite.

CORE TERMS:  customer, indefiniteness, vendor, infringement, purchase order, specification, requisition, patent, software, procurement ...

 

5. Ritz Camera & Image, LLC v. Sandisk Corp., 2012-1183, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 23950, November 20, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  Retailer which purchased flash memory computer chips had standing to bring antitrust action against owner of patents for chips allegedly procured by fraud, even though retailer lacked standing to directly challenge validity of patents, since retailer clearly had standing under antitrust laws and was not pursuing patent invalidity under patent laws.

CORE TERMS:  patent, antitrust, purchaser, antitrust claims, declaratory judgment, memory, flash, procured, antitrust law, patent laws ...

 

6. Transocean Offshore Deepwater Drilling, Inc. v. Maersk Drilling United States, Inc., 2011-1555, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 23486, November 15, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  Where patentee had presented sufficient evidence of both commercial success and nexus to the features of its claimed invention, the jury's fact finding that the invention was not obvious under 35 U.S.C.S. § 103(a), was enabled under 35 U.S.C.S. § 112, and the jury's award of $15 million in damages was supported by substantial evidence.

CORE TERMS:  drilling, rig, dual-activity, drill, patent, obviousness, nonobviousness, advancing, invention, station ...

 

7. Pei-Herng Hor v. Ching-Wu Chu, 2011-1540, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 23387, November 14, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  Laches period for a 35 U.S.C.S. § 256 correction of inventorship claim begins to run when omitted inventor knew or should have known of issuance of the patent, regardless of whether omitted inventor knew or should have known of the omitted inventorship while the patent application was pending before the PTO. Judgment based on laches was reversed.

CORE TERMS:  inventorship, patent, laches, inventor, summary judgment, issuance, unclean hands, correction, equitable estoppel, sua sponte ...

 

8. Norgren Inc. v. ITC, 2011-1349, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 23388, November 14, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  Record supported International Trade Commission's decision that companies that imported devices that were used to connect fluid flow elements did not violate 19 U.S.C.S. § 1337 because the devices did not infringe U.S. Patent No. 5,372,392. Claims in the patent were invalid under 35 U.S.C.S. § 103 because they protected a device that was obvious.

CORE TERMS:  clamp, rectangular, norgren, connector, old-style, flange, skill, invention, patent, hinge ...

 

9. Edwards Lifesciences AG v. CoreValve, Inc., 2011-1215, 2011-1257, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 2012 U.S. App. LEXIS 23385, November 13, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  Record supported a jury's verdict awarding companies that held U.S. Patent No. 5,411,552, which protected a "transcatheter heart valve," $72,645,555 in lost profits and $1,284,861 in royalties because competing companies infringed the patent when they manufactured and sold a device for use in implanting a valve in the human heart.

CORE TERMS:  patent, valve, infringement, cylindrical, stent, commissural, injunction, invention, equitable, inventor ...

 

10. Voter Verified, Inc. v. Premier Election Solutions, Inc., 2011-1553, 2012-1017, 2011-1559, 2012-1016, UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT, 698 F.3d 1374; 2012 U.S. App. LEXIS 22726; 104 U.S.P.Q.2D (BNA) 1553, November 5, 2012, Decided [enhanced version available to lexis.com subscribers]

OVERVIEW:  District court did not err when it found that a claim in U.S. Reissue Patent RE40,449, which protected automated voting systems, was invalid as obvious under 35 U.S.C.S. § 103 in view of an article that appeared in an online periodical before the patent's critical date. The article could have been located by someone skilled in the art.

CORE TERMS:  voter's, ballot, voting, election, printed, summary judgment, infringement, invalidity, scanning, prior art ...

....

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Anonymous
Anonymous
  • 12-03-2012

test 134