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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 Cir. Mar. 9, 2011) (Judges Dyk, Rader, and Prost) (nonprecedential opinion) In this fairly light opinion the Federal Circuit dealt with two issues: claim construction of one term and judicial estoppel.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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No Bar for Barr; Bumpy Ride Ahead for Crafco.

Cancer Research Technology Ltd. v. Barr Laboratories, Inc., No. 2010-1204 (Fed. Cir. Feb. 28, 2011) (en banc Order) The ten active judges of the Federal Circuit considered Barr Laboratories’ petition for rehearing en banc to consider the effect of the panel opinion on the prosecution laches doctrine, but that petition…

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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…

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