The opinion and order in this post take a look at whether the Federal Circuit’s jurisdiction over legal malpractice claims in patent prosecution matters reaches too deep and too far. Just a couple of weeks ago, I discussed Judge O’Malley’s concurrence on this topic in the USPPS case, in which she concluded that the Federal […]
Category: Federal Circuit Spotlight
Compelling Patent Arbitration — You Have to Talk to Me Sooner or Later
When companies merge and split, it can be confusing to figure out where IP rights have gone. Although this case is technically about a motion to compel arbitration, it’s really about following the trail of assignments.
Charm’s Offensive
This case reminds me of a scene from the movie Harvey. Jimmy Stewart plays Elwood P. Dowd, and it’s one line of his in particular that seems appropriate.
Someone Has a Drinking Problem
Learning Curve Brands v. Munchkin, Inc., No. 2011–1036 (Fed. Cir. Mar. 30, 2012) (Judges Bryson, Mayer, and Moore) (non-precedential) The case started when Learning Curve successfully sued Munchkin for infringing its sippy cups patents in 2007. Munchkin changed its design, going with screw-on lids, replacing the snap-on lids it had used before. Learning Curve sued […]
A Patent Beast of Burden
In re Cyclobenzaprine Hydrochloride Extended-Release Capsule Patent Litigation, Nos. 2011-1399, -1409 (Fed. Cir. Apr. 16, 2012) (Judges Newman, O’Malley, and Reyna) In this case, the court clarifies that a patent owner is never the beast of burden for a claim of invalidity based on obviousness, and the plaintiffs walked away singing: Cephalon owns a license […]
Signed, Sealed, Delivered
USPPS, Ltd. v. Avery Dennison Corp., No. 2011-1525 (Fed. Cir. Apr. 17, 2012) (Judges Prost, Mayer, and O’Malley) (per curiam) In this unusual decision, the judges all agreed on the result. But they couldn’t agree on whether the Federal Circuit should have heard the case in the first place. Lost in the Mail This case […]