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Federal Circuit again dismisses patent case for lack of standing

The Federal Circuit has once again found the plaintiff in a patent infringement lawsuit did not have standing to bring its infringement claim. In order for a single plaintiff to have standing to assert infringement of a patent, that plaintiff must be the owner of the entire interest in the patent. As succinctly stated by […]

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Federal Circuit Places Members of the Bar on Notice

It’s not over until it’s over. In International Electronic Technology Corp. v. Hughes Aircraft Company, DirecTV, Inc. and Thomson Consumer Electronics, Inc., the Federal Circuit dismissed International Electronic’s appeal for lack of jurisdiction. In its ruling, the Federal Circuit stated: “The court takes umbrage at parties who have not carefully screened their cases to ascertain […]

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Walker Process antitrust claim reinstated: threats to sue competitor’s customers sufficient

In Hydril Co. v. Grant Prideco, Inc., the Federal Circuit reinstated a Walker Process antitrust claim the lower court had dismissed. A Walker Process claim can arise when a patent holder, knowing that its patent was obtained through fraud, still attempts to enforce the patent. This type of claim is named after the Supreme Court […]

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Federal Circuit to decide scope of attorney-client privilege waiver en banc

The Federal Circuit this afternoon agreed to hear a case to determine the scope of the waiver of attorney-client privilege when advice of counsel is used to defend against a charge of willful infringement. The order in In re Seagate Technology, LLC, which can be found here, invites the parties to brief the following questions: […]

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University Can’t Have Its Cake and Eat It Too – Immunity Negated

The University of Missouri’s waived its constitutional immunity under the Eleventh Amendment when it fully participated in an interference action against Vas-Cath, Inc. A Vas-Cath patent had issued while the University’s application, although filed before the Vas-Cath application, was still pending. The University invoked the procedures to institute an interference between the University’s pending application […]

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“Critical” ratio in claim does not get the benefit of the doctrine of equivalents

Today’s lesson from the Federal Circuit: be careful not to make a claim limitation “critical,” or you may lose the benefit of the doctrine of equivalents for that element. The court found that the claimed weight ratio of two drugs was critical in part because other claims recited a range of ratios, but the claim […]

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Appeals Court holds Transclean Corporation to its stated position

The United States Court of Appeals for the Federal Circuit decided in Transclean v. Jiffy Lube that Transclean should be bound by its repeated statements proffered during the course of litigation and not be allowed to take a contrary position during a second phase of litigation. Transclean is the sole licensee of U.S. Patent No. […]

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Limitations of a Claim Come from the Claim Language Itself

In E-Pass Technologies (“E-Pass”) v. 3Com Corp., Palm Inc., palmOne, Inc. and Handspring, Inc. and Visa International Service Association and Visa U.S.A., Inc. and Palmsource, Inc. (“3Com”), the district court’s holding of final summary judgment of non-infringement by 3Com was affirmed by the Federal Circuit. At issue was a patent (“the ‘311 patent”) entitled “Method […]

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“Use in commerce” not necessary to support trademark opposition, just use in the United States

The Federal Circuit, reversing the Trademark Trial and Appeal Board ("TTAB"), found that a Canadian company who arguably only did business in Canada could oppose a trademark application based on "spillover" use of its unregistered trademark in the United States. The Canadian company, First Niagara Insurance Brokers, opposed several trademark applications filed by a United […]

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“Bare Licensee” Lacks Standing to Sue for Infringement

In Propat International Corp & David Find and Helene Glasser (“Propat”) v. RPsot International Limted, Zafar Khan, Kenneth Barton and Terrance Tomkow (“Rpost”), the Federal Circuit affirmed the district court’s decision that Propat lacked standing to sue for infringement and, on the cross-appeal, affirmed the district court’s order denying RPost’s request for an award of […]

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