These two orders offer some pithy reminders of things to watch out for if you appeal to the Federal Circuit. I took a page from Aesop to give you the morals from the missteps in these cases. What a Difference a Word Makes In re Gerald M. Benson, No. 2011-1311 (Fed. Cir. Nov. 28, 2011) […]
Category: Federal Circuit Orders
They Did Not Like Green Edge’s Plan
They Did Not Like Green Edge’s Plan Green Edge Enterprises, LLC v. Rubber Mulch Etc., LLC, No. 2011-m998 (Fed. Cir. Dec. 13, 2011) (Chief Judge Rader, Circuit Judges Lourie and Bryson) (nonprecedential) (per curiam) We’ve written a few times about the timing of an appeal. Normally, you have to wait until all issues in a […]
Bike-Offs
We’ve covered a number of patents this year that seem awfully obvious to those of us who are more than 10 years old. Next up, a thwarted effort to get a patent that covers brackets for mounting bicycles to vehicles… The Federal Circuit said “no way.” In re Stephen J. Gough, No. 2011-1343 (Fed. Cir. […]
Two Steps Forward, One Step Back
The end of October was a quiet IP week at the Federal Circuit. It issued these two orders, which moved one case forward and let another case go. Robert Bosch LLC v. Pylon Manufacturing Corp., Nos. 2011-1363, -1364 (Fed. Cir. Oct. 24, 2011) (Judge Prost) (nonprecedential order) By Marynelle Wilson We recently covered the Bosch […]
Appellate Traffic Control
Arlington Industries, Inc. v. Bridgeport Fittings, Inc., Nos. 2010-1377, -1400, -1408 (Fed. Cir. Nov. 4, 2011) (Judges Bryson, Schall, and Prost) (nonprecedential order) This order is a great example of why parties should consolidate cases that involve the same parties, patents, and claims. When you have two cases running on different tracks, both appellate and […]
You’re Not Their Patent Lawyer Anymore
Release the New Patent Legislation Motions! We are already seeing motions hit the courts that are based on new patent laws, which were signed by the President on September 16, 2011. Recently, the Federal Circuit stayed the briefing schedule in a pending patent case, and asked the parties to advise it of the effect of […]