American Calcar, Inc. v. American Honda Motor Co., Inc., No. 2009-1503, -1567 (Fed. Cir. Jun. 27, 2011) (Judges Lourie, Bryson, and Gajarsa) The court applied the new Therasense standard, and ACI drove back to the district court with a chance to swerve away from an unenforceability ruling. American Calcar, Inc. (ACI) sued Honda for infringing […]
Category: Marynelle’s Posts
Insomniacs, Body Builders, Airplanes and Surgery… Just Another Week at the Fed Circuit
ImageCube LLC v. The Boeing Co., No. 2010-1265 (Fed. Cir. Jun. 20, 2011) (Judges Lourie, Linn, and Dyk) (nonprecedential) ImageCube’s patent covers a manufacturing process for airplane parts that that involves applying a thin layer of a mixture of “components A and B” on a piston and exposing it to radiation “such that components A […]
Cashing Checks and Potty Training, Plus a Reminder of How to Prove Obviousness
Kimberly-Clark Worldwide, Inc. v. First Quality Baby Products, LLC, No. 2010-1382 (Fed. Cir. Jun. 1, 2011) (Judges Dyk, Friedman, and Prost) (nonprecedential) The Federal Circuit thought that these training pants patents have validity issues and vacated a preliminary injunction (for three of four patents) because of those issues. Kimberly-Clark accused First Quality of infringing patents […]
Welcome to “Willful Blindness” Defense Opinions, Courtesy of the Supreme Court
Yesterday the Supreme Court issued its opinion in Global-Tech Appliances, Inc. v. SEB. S.A., 563 U.S. ____, No. 10-6 (May 31, 2011), in which the Court affirmed the patent infringement judgment of the Federal Circuit but identified a new knowledge requirement for the induced infringement statute, 35 U.S.C. § 271(b). In this 8-1 opinion, the […]
Fed Circuit Says Software Toolbars Not “Icon”-ic, and Captures Recapture Rules
In re Mostafazadeh, No. 2010-1260 (Fed. Cir. May 3, 2011) (Judges Dyk, Friedman, and Prost) This is a case involving a reissue application for a patent directed to lead frame based semiconductor packaging. In the original prosecution of the patent, the applicant overcame anticipation and obviousness rejections by amending the claims to require a “circular […]
Newsflash: Patent Required to Sue for Patent Infringment
Omura v. Shafer, No. 2010-1357 (Fed. Cir. April 8, 2011) (Judges Bryson, Schall, and Moore) (nonprecedential). One must proceed with care when engaging in interference practice. The Federal Circuit recently affirmed the Board of Patent Appeals and Interferences (BPAI) decision directing entry of judgment against the senior party to the interference, Omura, because of a […]