June 25, 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 sole patent case that was appealed from the district court level and decided by the Federal Circuit during the 24th calendar week of 2007. All opinions are precedential unless otherwise indicated.

Entegris, Inc. (formerly known as Mykrolis Corporation) v. Pall Corporation (06/13/2007): appeal of contempt order for violating preliminary judgment and cross-appeal from the order dissolving the preliminary injunction (appeal dismissed for lack of jurisdiction and affirmed order dissolving the preliminary injunction); discussion of patents related to filtration systems for semiconductor manufacturing (U.S. Patent No. 6,068,770, entitled “Disposable separation module with quick connect capability,” and U.S. Patent No. 6,378,907, entitled “Connector apparatus and system including connector apparatus”); “[28 U.S.C.] Section 1292(a)(1) will, of course, continue to provide appellate jurisdiction over orders that grant or deny injunctions and orders that have the practical effect of granting or denying injunctions and have ‘serious, perhaps irreparable, consequence’”; “the usual rule is that an interlocutory civil contempt is not appealable”; no jurisdiction found because contempt order at issue did not fall into any category of appealable interlocutory orders and because defendant did not allege any “irreparable consequence” for not being able to appeal at the present time; several citations regarding interlocutory appeals provided; no abuse of discretion by dissolving the preliminary injunction because defendant asserted an invalidity defense that the patentee did not challenge as lacking substantial merit

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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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