March 12, 2007

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). My goal is to post new cases on a weekly basis. This posting covers the two orders issued by the Federal Circuit during the 10th calendar week of 2007. All opinions are precedential unless otherwise indicated.

Baychar, Inc., et al. v. Salomon North America, Inc. (order) (03/08/2007): at the district court level, defendant granted summary judgment on non-infringement and exhaustion/implied license regarding U.S. Patent No. 6,048,810; plaintiff filed notice of appeal 35 days after judgment, defendant moved to dismiss appeal as untimely, over two belated extensions of time by plaintiff; motion to dismiss granted

Recommended Decision on Defendant’s Motions for Summary Judgment Asserting Patent Invalidity and Non-Infringement (U.S. District Court for the District of Maine, July 19, 2006): LINK

Order Affirming the Recommended Decision of the Magistrate Judge (November 6, 2006): LINK

Whirlpool Corp., et al. v. LG Electronics, Inc., et al. (order) (03/08/2007): “judgment” entered after grant of summary judgment of noninfringement of one patent and invalidity of the second patent at issue at the district court level, but LG (defendant) and General Electric did not file motions for summary judgment concerning all issues underlying the declaratory judgment counterclaims after the counterclaims seeking declaratory judgments of noninfringement and invalidity were filed; Whirlpool (plaintiff) argues it can appeal despite the lack of entry of a judgment dismissing or denying the defendant’s counterclaims as the district court’s intent to deny was clear under the circumstances; the Federal Circuit court did not agree with this argument, stating that Whirlpool’s appeal was premature because not all claims for relief were disposed of; defendant’s motion to dismiss plaintiff’s appeal granted because the appeal was premature

0 comments:

Post a Comment

WIPO Press Releases

WIPO General News

Patent References

Click HERE to search issued U.S. Patents

Click HERE to search published U.S. Patent Applications

Click HERE to browse the MPEP (E8r6 in HTML and PDF, and E8r7 in PDF)

Click HERE to search patent assignments recorded with the USPTO

Click HERE to search Title 37 of the Code of Federal Regulations (rev. 7/1/08)

Click HERE to browse Title 35 of the U.S. Code

Click HERE to view current USPTO fees

Disclaimer

Copyright 2006-2010, Mark Reichel. The Daily Dose of IP is my personal website, and I am not providing any legal advice or financial analysis. Any views expressed herein should not be viewed as being the views of my employer, Ice Miller LLP. Any comments submitted to this blog will not be held in confidence and will not be considered as establishing an attorney-client relationship. Information submitted to this blog should be considered as being public information, and the submitter takes full responsibility for any consequences of any information submitted. No claims, promises, or guarantees are made or available regarding the completeness or accuracy of the information contained in this blog or otherwise available by searching from or linking away from this blog.

EPO Updates

Trademark References

Click HERE to search issued and pending U.S. Trademarks

Click HERE to search TTAB proceedings (via TTABVUE)

Click HERE to search trademark assignments recorded with the USPTO

The DDIP Author





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.

Click HERE to view my full professional bio at Reichel IP LLC.


Subscribe/Feedback

Click HERE to join the e-mail list for my blog

Click HERE to provide feedback on the DDIP blog

Fellow Blogs/Bloggers

AwakenIP (Kuester)
Counterfeit Chic (Scafidi)
I/P Updates (Heinze)
Internet Cases (Brown)
Likelihood of Confusion (Coleman)
Patent Baristas (Albainy-Jenei)
Patent Docs (Zuhn et al.)
Patently-O (Crouch)
The 271 Patent Blog (Zura)
The Ice Loop (Ice Miller LLP)
The Indiana Law Blog (Oddi)
The Invent Blog (Nipper)
The Patent Prospector (Odom)
The TTABlog (Welch)