April 05, 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 twenty-sixth through the thirtieth cases that were appealed from the district court level and decided by the Federal Circuit in 2006. All opinions are precedential unless otherwise indicated.

Aspex Eyewear, Inc., et al. v. Miracle Optics, Inc., et al. (03/03/2006, non-precedential): claim construction (and appellate standard of review), prosecution history disclaimers

Fiber Optic Designs, Inc., et al. v. Seasonal Specialties, LLC (03/03/2006, non-precedential): preliminary injunctions, claim construction (and appellate standard of review), specification information impacting claim construction

Amini Innovation Corp. v. Anthony California, Inc., et al. (03/03/2006): copyright & design patents (and appellate standards of review), copyright access and similarity, design patent claim construction, infringement, and novelty

Kwik Products, Inc., et al. v. National Express, Inc., et al. (03/13/2006, non-precedential): (dismissal of appeal not from final decision), standard of review for appeals in patent matters, ripeness

Microchip Technology v. The Chamberlain Group (03/15/2006): existence of actual controversy, covenants not to sue, adverse legal interests & legal risks, declaratory judgments

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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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