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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 Cir. April 8, 2011) (Judges Bryson, Schall, and Moore) (nonprecedential).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…

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Federal Circuit Motions Panel Orders

This month, Judges Rader, Newman, and Bryson were assigned to the motions panel, and they issued several orders relating to venue and jurisdictional issues. Maybe that happened because there is no place like the Eastern District of Texas.  And there is no federal district court that has seen more criticism…

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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 Cir. Mar. 9, 2011) (Judges Dyk, Rader, and Prost) (nonprecedential opinion) In this fairly light opinion the Federal Circuit dealt with two issues: claim construction of one term and judicial estoppel.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…

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