Category: Federal Circuit Spotlight

Federal Circuit Says Don’t Mess With Texas, and Plays Laser Chess

American Piledriving Equipment, Inc. v. Geoquip, Inc., No. 2010-1283 (Fed. Cir. Mar. 21, 2011) and American Piledriving Equipment, Inc. v. Bay Machinery Corp., No. 2010-1314 (Fed. Cir. Mar. 21, 2011) (Judges Bryson, Gajarsa, and Linn) In this consolidated appeal, American Piledriving Equipment, Inc. appealed grants of summary judgment of noninfringement in two separate actions involving […]

In Dissent, Judge O’Malley’s in a New York State (Law) of Mind

Abraxis Bioscience, Inc. v. Navinta LLC, No. 09-1539 (Fed. Cir. Mar. 14, 2011) (en banc order) Procedurally, there’s nothing to see here—the Federal Circuit simply denied petitions for rehearing by the panel and en banc.  The denial, however, is accompanied by an energetic dissent by the court’s newest member, Judge O’Malley, joined by Judge Newman […]

Fed Circuit Lightens Up District Court’s Estoppel Decision

Altair Engineering, Inc. v. LEDdynamics, Inc., No. 2010-1118 (Fed. Cir. Mar. 9, 2011) (Judges Dyk, Rader, and Prost) (nonprecedential opinion) In this fairly light opinion the Federal Circuit dealt with two issues: claim construction of one term and judicial estoppel.  Altair had sued LEDdynamics for patent infringement for selling light tubes with LEDs that allegedly […]

No Bar for Barr; Bumpy Ride Ahead for Crafco.

Cancer Research Technology Ltd. v. Barr Laboratories, Inc., No. 2010-1204 (Fed. Cir. Feb. 28, 2011) (en banc Order) The ten active judges of the Federal Circuit considered Barr Laboratories’ petition for rehearing en banc to consider the effect of the panel opinion on the prosecution laches doctrine, but that petition was denied in a split […]

Timing Is Everything: Equivalence vs. Obviousness

Centocor Ortho Biotech, Inc. v. Abbot Laboratories, No. 2010-1144 (Fed. Cir. Feb. 23, 2011) (Judges Bryson, Clevenger, and Prost) Although it was the big cheese at the trial court, Centocor got caught in its own mousetrap at the Federal Circuit.  Abbott appealed the district court’s denial of JMOL after a jury found that Abbott had […]

Dueling DJs – of the Legal (Not Dance Club) Variety

ABB Inc. v. Cooper Industries, LLC, No. 2010-1227 (Fed. Cir. Feb. 17, 2011) (Judges Rader, Lourie, and Dyk) This case of first impression presents dueling declaratory judgment actions where the potential claims and defenses involve patent infringement, but the actions themselves involve only state law questions concerning the construction and interpretation of a settlement agreement.  […]