June 28, 2006
Posted by
Mark Reichel
/ 7:50 AM /
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 v. Case LLC (05-1483; 04/26/2006, non-precedential): appellate review of district court’s award of costs, determination of “prevailing party,” “exemplification” fees & interpretation thereof, costs within and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 v. I/O Concepts, Inc. (05/02/2006, non-precedential): summary judgment & claim construction appellate standards of review, prosecution history consistency with claim construction
Kyocera Wireless Company v. President Electronics, LTD (05/02/2006, non-precedential): summary judgment standard of review, design patent infringement standard, “ordinary observer” and “point of novelty” discussion, use of expert evidence at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 (05/04/2006, non-precedential): jurisdiction regarding final decision under 28 U.S.C. § 1295(a)(1) and F.R.C.P. 54(b), determination of final decision/judgment, full adjudication of all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
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 v. Case LLC (05-1483; 04/26/2006, non-precedential): appellate review of district court’s award of costs, determination of “prevailing party,” “exemplification” fees & interpretation thereof, costs within and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 v. I/O Concepts, Inc. (05/02/2006, non-precedential): summary judgment & claim construction appellate standards of review, prosecution history consistency with claim construction
Kyocera Wireless Company v. President Electronics, LTD (05/02/2006, non-precedential): summary judgment standard of review, design patent infringement standard, “ordinary observer” and “point of novelty” discussion, use of expert evidence at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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