September 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 seventy-first through the seventy-fifth IP cases that were appealed from the district court level and decided by the Federal Circuit in 2006. All opinions are precedential unless otherwise indicated.

Motionless Keyboard Co., et al. v. Microsoft Corp., et al. (06/08/2006, non-precedential): inventor motion to intervene, pro se appearance, requirement of corporation to be represented by licensed counsel in federal court

Panduit Corp. v. Hellermanntyton Corp. (06/12/2006): state law interpretation of contract (settlement agreement), claim construction and infringement appellate standards of review, doctrine of equivalents interpretation of infringement, all elements rule, claim vitiation

Primos, Inc. v. Hunter's Specialties, Inc., et al. (06/14/2006): prosecution history estoppel of doctrine of equivalents arguments, denial of JMOL, ordinary meaning of claim terms for claim construction purposes, not interpreting claim terms to exclude a preferred embodiment, doctrine of equivalents, claim vitiation, all elements rule, totality of the circumstances regarding equivalents and insubstantial changes, exclusion of evidence and prejudicial surprise, adverse-inference jury instruction (legally erroneous and prejudicial effect)

Competitive Techs. v. Fujitsu Ltd. (06/15/2006, non-precedential): intrinsic evidence of record for determining meaning of claim limitation, infringement under doctrine of equivalents, citing evidence within a motion to strike, claim invalidity if not amenable to construction or insolubly ambiguous

Bennett Regulator Guards, Inc. v. Canadian Meter Company, Inc., et al. (06/19/2006, non-precedential): summary judgment on invalidity appellate standard of review, clear and convincing standard of persuasion for claim challenges, anticipation for reasons of public use and public knowledge, dissent regarding publicly available information

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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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