Category: Marynelle’s Posts

Panel Doesn’t See Eye-to-Eye on Written Description Requirement

Citigroup Inc. v. Capital City Bank Group, Inc., No. 2010-1369 (Fed. Cir. Mar. 28, 2011) (Judges Rader, Gajarsa, and Prost) In the first trademark opinion that the Federal Circuit has handed down this year, the court affirmed the Trademark Trial and Appeal Board’s (TTAB) denial of Citigroup’s opposition to Capital City Bank’s (CCB) registration of […]

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 […]

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.  […]

Fed Circuit Talks Computer Processors and Alcohol Testing

Alcohol Monitoring Systems, Inc. v. Actsoft, Inc., No. 2010-1250 (Fed. Cir. Jan. 24, 2011) (Judges Lourie, Clevenger, and Moore). The ways to measure how much you’ve been drinking might be a little blurry.  In this case, the Federal Circuit affirmed-in-part, reversed-in-part, and remanded the district court’s summary judgment grant of noninfringement and its underlying claim […]