In Forest Group v. Bon Tool Co., the Federal Circuit held that the false marking statute applies on a per article basis, rather than on a per decision to mark basis. The Federal Circuit reversed the district court, which had imposed a fine of $500 for a single decision to falsely mark a shipment of […]
Continue Reading →In an opinion released in July last year, the Court of Appeals for the Federal Circuit issued a ruling in the case of Wavetronix v. EIS Electronic Integrated Systems. This case involved a traffic monitoring system that had been patented by Wavetronix, and EIS had received summary judgment for noninfringement of the Wavetronix patent at […]
Continue Reading →Today the Supreme Court decided Reed Elsevier, Inc. v. Muchnick, a case regarding whether the registration requirement of 17 U.S.C. § 411(a) is jurisdictional or a claim processing rule. The Court held the requirement to be nonjurisdictional. The case involves a class action for copyright infringement by freelance journalists based on republication of works in […]
Continue Reading →A recent decision by the Court of Appeals for the Federal Circuit addressed the issue of how much deference should be given to a decision by the Board of Patent Appeals and Interferences when the Board makes an error in ascertaining the teachings of references. The appeal concerns the status of U.S. Patent Application number […]
Continue Reading →Another decision regarding a number of patents relating to foam based footware, this time held by Crocs, Inc. ("Crocs") has been handed down from the Court of Appeals for the Federal Circuit ("CAFC"). In this appeal from the U.S. International Trade Commission ("USITC"), the court addressed obviousness of a utility patent and claim construction of […]
Continue Reading →In the late 1960's, AT&T developed a computer operating system known as UNIX. This operating system is now widely used in both servers and workstations, and is generally characterized by a less polished (and in many ways more powerful) user interface than typical consumer products (such as Microsoft's Windows or Apple's Mac OS). The product […]
Continue Reading →They may be trashy role models for impressionable young girls, but Bratz dolls are not copyright infringers. The Court of Appeals for the Ninth Circuit confirmed a lower court's finding that the maker of the popular Bratz dolls did not infringe the copyright or trade dress rights in a line of T-shirts called Spoiled Brats. […]
Continue Reading →On December 17, 2009, the Court of Appeals for the Federal Circuit addressed in International Seaway Trading Corp. v. Walgreens Corp. whether the "ordinary observer" test from Egyptian Goddess likewise applies to anticipation of design patents. In Egyptian Goddess, the CAFC dropped the "point of novelty" test for design patent infringement and adopted the "ordinary […]
Continue Reading →In April of last year, the Court of Appeals for the Federal Circuit added another layer to the ongoing case between Revolution Eyewear, Inc. ("Revolution") and Aspex Eyewear, Inc. ("Aspex"). The decision primarily concerned the circumstances surrounding the reissue of Aspex's initial patent: whether the reissue was supported by 35 U.S.C. § 112; whether the […]
Continue Reading →In an order yesterday, the Federal Circuit has agreed to consider the scope of evidence to be considered in an action filed under 35 U.S.C. § 145 to obtain review of a decision of the Board of Patent Appeals and Interferences. The case is Hyatt v. Kappos. Specifically, the court ordered briefing on the following […]
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