June 28, 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 fifty-sixth through the sixtieth cases that were appealed from the district court level and decided by the Federal Circuit in 2006. All opinions are precedential unless otherwise indicated.

Kinzenbaw, et al. v. Case LLC (05-1483; 04/26/2006, non-precedential): appellate review of district court’s award of costs, determination of “prevailing party,” “exemplification” fees & interpretation thereof, costs within and outside the scope of 28 U.S.C. § 1920

Global Maintech Corp., et al. v. I/O Concepts, Inc. (05/02/2006, non-precedential): summary judgment & claim construction appellate standards of review, prosecution history consistency with claim construction

Kyocera Wireless Company v. President Electronics, LTD (05/02/2006, non-precedential): summary judgment standard of review, design patent infringement standard, “ordinary observer” and “point of novelty” discussion, use of expert evidence at trial

In re EchoStar Communications Corporation (05/03/2006): writ of mandamus, scope of waiver of attorney-client privilege, reliance on advice of counsel, use of in-house and trial counsel, discussion of differences between attorney-client privilege and work-product doctrine

All Computers, Inc. v. Intel Corp. (05/04/2006, non-precedential): jurisdiction regarding final decision under 28 U.S.C. § 1295(a)(1) and F.R.C.P. 54(b), determination of final decision/judgment, full adjudication of all claims and counterclaims


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Mark Reichel
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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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