May 10, 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 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 (03/27/2006, non-precedential): interpretation of 35 U.S.C. § 271(d)(5), patent misuse & unlawful tying, package licensing, narrowing of patent misuse defense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 (03/30/2006, non-precedential): summary judgment standard of appellate review, prior art anticipation standard, prosecution history disclaimer & reading-out of preferred embodiments


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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.

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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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