Mintz v. Dietz & Watson, Inc., No. 2010-1341 (Fed. Cir. May 30, 2012) (Chief Judge Rader, Circuit Judges Newman and Dyk) I’ve never paid much attention to the patterns on the outside of ham. But I’m not as discerning a ham-eater as Liz Lemon: For Liz (presumably) and the folks in the meat-encasing field, these […]
Category: Marynelle’s Posts
Squeezing the Juice Out of Patent False Marking Claims
It’s been a while since we’ve had a false marking case at the Federal Circuit. That’s probably due to the America Invents Act’s (AIA) amendments to the false marking provision, which took effect the day President Obama signed the bill. Under the new law, private individuals can only bring suit for false marking if they have suffered “competitive injury.”
Patent Judgment Day: The End Is Here
Has final judgment day arrived at the district court? In the first week of May, the Federal Circuit issued several orders addressing this question. The Federal Circuit concluded that 2 cases had reached the end of their lower court days, but 1 case still had some life left.
All My Ex Patent Troll Cases Live in Texas
George Strait unintentionally penned an anthem for the patent trolls who keep trying to settle down in the Eastern District of Texas. But, as we’ve told you before, the Federal Circuit continues to send them elsewhere—like Utah, Arizona, Massachusetts, and California—most of the time. In re EMC Corp., No. 2011-m100 (Fed. Cir. May 4, 2012) […]
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 […]