Patent Reexamination Makes a Judge’s Blood Boil

In re Baxter International, No. 2011–1073 (Fed. Cir. May 17, 2012) (Judges Newman, Lourie, and Moore) Patent Reexamination Is Normally Such a Peaceful Neighborhood… At first glance, this opinion doesn’t seem like a big deal. Fresenius Medical Care Holdings sued Baxter for a declaratory judgment of invalidity on Baxter’s patent…

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Patent Malpractice — A Cautionary Tale

Landmark Screens, LLC v. Morgan, Lewis, & Bockius, LLP, No. 2011–1297 (Fed. Cir. Apr. 23, 2012) (Judges Bryson, Clevenger, and O’Malley) This is a malpractice case, and the conduct by Landmark’s former patent lawyer is pretty bad. The main issue before the court was whether Landmark’s fraud claim was barred…

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The Delicate Declaratory Judgment Dance

3M Company v. Avery Dennison Corp., No. 2011–1339 (Fed. Cir. Mar. 26, 2012) (Chief Judge Rader and Judges Lourie and Linn) When is a threat of patent infringement not a threat? If a patent owner makes too much noise, the target may file a declaratory judgment action to get to…

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