March 16, 2006

I will periodically post case citations from the Federal Circuit along with the date of the opinion/order and a brief list of the legal topics discussed therein (specifically those with additional embedded case law citations). This posting covers the first eight cases that were appealed from the district court level and decided by the Federal Circuit in 2006.

Golden Eagle USA, LLC v. Consolidated Industrial Corp., et al. (01/04/2006): standing to assert patent infringement claims, standing via license agreement

Fieldturf International, Inc., et al. v. Sprinturf, Inc., et al. (01/05/2006): §271(a) “offer to sell” and bids to supply products

Lizardtech, et al. v. Earth Resource Mapping, et al. (order denying rehearing en banc, citations in concurrence) (01/05/2006): written description requirement

Ncube Corp. (now C-Cor, Inc.) v. Seachange International, Inc. (errata) (01/09/2006): appellate standard of review, claim interpretation, expert opinions, willful infringement, indirect infringement, enhanced damages, doctrine of equivalents

Aspex Eyewear, Inc., et al. v. Miracle Optics, Inc, et al. (01/10/2006): standing of patentee and licensee, joinder of parties, ownership of patent at issue

Union Carbide Chemicals & Plastics Technology Corp. v. Shell Oil Co. (order denying rehearing en banc, citations in dissent) (01/10/2006): §271(f) re: products and methods, interaction with §271(c)

Lamps Plus, Inc, et al. v. Dolan, et al. (01/17/2006): appellate standard of review of jury verdicts, written description requirements, inequitable conduct

Stern v. The Trustees of Columbia University (01/17/2006): inventorship determination, laboratory notebooks

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Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

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