May 10, 2006

2006 Federal Circuit Patent Decisions, Part 7

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 thirty-sixth through the fortieth that were appealed from the district court level and decided by the Federal Circuit in 2006. All opinions are precedential unless otherwise indicated.

Exigent Technology, Inc. v. Atrana Solutions, Inc. (03/22/2006): appropriateness of grant of summary judgment, Rule 56(f) motions, enforceable agreement prior to final judgment, attorney’s fees and costs not applicable to settlements

Wilson Sporting Goods Company v. Hillerich & Bradsby Co. (03/23/2006): applicability of regional circuit court law, patent infringement analysis steps (claim construction & applicability thereof), ordinary and customary meaning of terms, the term “rigid” & legal precedent

Atofina v. Great Lakes Chemical Corporation (03/23/2006): Markman, anticipation, determination of infringement, and inequitable conduct standards of appellate review, ordinary and customary term meanings, anticipation of prior art reference, inequitable conduct materiality and intent

U.S. Philips Corp. v. Princo Corp., et al. (03/27/2006, non-precedential): interpretation of 35 U.S.C. § 271(d)(5), patent misuse & unlawful tying, package licensing, narrowing of patent misuse defense

Revolution Eyewear, Inc., et al. v. Aspex Eyewear, Inc., et al. (03/30/2006, non-precedential): summary judgment standard of appellate review, prior art anticipation standard, prosecution history disclaimer & reading-out of preferred embodiments

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