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 […]
Category: Matt’s Posts
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 Cir. Mar. 9, 2011) (Judges Dyk, Rader, and Prost) (nonprecedential opinion) In this fairly light opinion the Federal Circuit dealt with two issues: claim construction of one term and judicial estoppel.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 […]
When It Comes to Experts, Don’t Play with Fire
Tokai Corp. v. Easton Enterprises, Inc., No. 10-1057 (Fed. Cir. Jan. 31, 2011) (Judges Newman, Lourie, and Bryson) Here’s a case on the lighter side, literally. The Tokai companies sued Easton for infringing patents relating to safety utility lighters, like the kind you’d use to light a barbecue grill. After claim construction, Easton stipulated that […]
According to the Fed Circuit, Mac and PC File Formats – Not So Different Anymore
St. Clair Intellectual Property Consultants, Inc. v. Canon Inc., Nos. 2009-1052, 2010-1137, −1140 (Fed. Cir. Jan. 10, 2011) An interesting precedential opinion on claim construction for four patents with a common specification that was originally filed in 1990. Plaintiff sued camera manufacturers for infringement on the basis that users could save in different file formats. The […]