October 17, 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 eighty-sixth through the ninetieth 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.

Intel v. Commonwealth Scientific and Industrial Research OrganisationMicrosoft v. Commonwealth Scientific and Industrial Research Organisation (07/14/2006): subject matter jurisdiction of a foreign state, scope of patent protection, licensing arrangements, definition of “commercial activity” under the U.S. Code

Jumpsport v. Jumpking (07/21/2006, non-precedential): appellate review of judgment as a matter of law, review of claim construction for infringement purposes, abuse of discretion standard of review of inequitable conduct, unenforceability of a patent due to inequitable conduct, contributory infringement requires direct infringement

State Contracting & Engineering Corp. v. Condottee America v. Ross, Esq. (07/24/2006, non-precedential): attorney’s fees dispute from patent infringement litigation, liens filed against court judgments, discharged counsel & contingent fees, definition of “prevailing party” under the law of one state

Louisville Bedding Company v. Pillowtex Corporation (07/25/2006): settlement agreements regarding patent infringement claims, motion to reopen litigation matter, appellate review of denial of motions under FRCP 60(b)(6), abuse of discretion standard of appellate review

Wireless Agents LLC v. Sony Ericsson Mobile Communications AB (07/26/2006, non-precedential): appellate review of claim construction, claim language read in view of the specification of a patent, specification language as limiting claim scope

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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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