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Voluntary dismissal prevents award of attorney fees under § 285
February 27, 2007
Post by Blog Staff
In a recent case, the Federal Circuit found that when a plaintiff voluntarily dismisses its case under Rule 41(a)(1)(i) before an answer is served, the defendant is not a "prevailing party." As a result, attorney fees under § 285 could not be awarded by the district court. More details of the case after the jump. RFR Industries holds two patents directed toward railroad crossing fillers, .......
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No Crying Over Spilled Milk - Held to Claim Construction During Prosecution
February 23, 2007
Post by Blog Staff
Nouri Hakim appealed the decisions of the District Court of Western Louisiana granting Cannon Avent Group's motion for summary judgment that Avent did not infringe one of Hakim's patents ("the '931 patent") and finding another of Hakim's patents invalid ("the '620 patent"). The patents-in-suit involved the art of non-spill drinking cups and the apparatus in the spout of the cup which prevents ac.......
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Roundup of media coverage of Microsoft v. AT&T oral arguments, more to come for Microsoft?
February 23, 2007
Post by Blog Staff
Now that the oral arguments before the Supreme Court have passed, various media outlets have had the opportunity to weigh in on the arguments and offer their predictions as to how the case will come out. A sampling of this media coverage is below: Seattle Post Intelligencer USA Today Boston Globe Houston Chronicle Forbes Los Angeles Times BBC News Wa.......
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Interesting tidbits from today's oral argument in "Microsoft v. AT&T"
February 21, 2007
Post by Blog Staff
A few interesting exchanges took place in today's oral arguments before the Supreme Court in the Microsoft v. AT&T case. Click to read these portions of the arguments.The first related to jurisdiction. The parties had entered into a "high/low" settlement before the arguments, which essentially means that they have settled the case, but depending on how the Court comes out, the terms of the settlement will be dif.......
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Government contractor entitled to patent infringement immunity
February 21, 2007
Post by Blog Staff
The Federal Circuit ruled today that a contractor working for the government was entitled to immunity from a patent infringement suit under 28 U.S.C. § 1498(a). The contractor was hired to clean up various sites contaminated by hazardous waste, and the terms of the contract required the contractor to use a particular method to perform the cleanup. This method was patented, and the patent holder sued. The F.......
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On this date: 1842
February 21, 2007
Post by Blog Staff
William Greenough patents the first sewing machine. Patent available at the USPTO here, and at Google here.....
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Supreme Court to hear oral arguments regarding scope of US patent law
February 21, 2007
Post by Blog Staff
This morning the Supreme Court will hear oral argument in Microsoft Corp. v. AT&T Corp., a case about the potential extraterritorial reach of United States patent law. Specifically, the case deals with § 271(f)(1), which states that: (f)(1) Whoever without authority supplies or causes to be supplied in or from the United States all or a substantial portion of the components of.......
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Don't change horses in midstream: Patentee held to claim construction position taken at lower court
February 20, 2007
Post by Blog Staff
The Federal Circuit ruled today that a patentee could not argue a different claim construction than that argued before the district court. Because of this, the court affirmed the lower court's grant of summary judgment of noninfringement against the patent holder. Also, the court held that the patent holder did have standing to bring the case. Issues relating to the chain of title of a patent are .......
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Where is the real "Icebox of the Nation"?
February 20, 2007
Post by Blog Staff
In what can only be described as a chilling trademark dispute, the cities of International Falls, Minnesota and Fraser, Colorado are battling over the right to call their respective cities the "Icebox of the Nation." At issue is International Falls' trademark registration, number 1599660, for "COLD WEATHER TESTED CITY OF INTERNATIONAL FALLS IN THE ICEBOX OF THE NATION." The cities were in.......
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Patent reform legislation: is this year the year?
February 16, 2007
Post by Blog Staff
Yesterday, the House Judiciary Committee held a hearing on the possibility of reform of the U.S. Patent system. Given that the title of the hearing was "American Innovation at Risk: The Case for Patent Reform," it's easy to surmise that the general theme of the hearing was that reform is needed. Dennis Crouch at Patently-O provides brief summaries of the four panelists' testimony. Several diffe.......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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