June 08, 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 forty-first through the forty-fifth cases that were appealed from the district court level and decided by the Federal Circuit in 2006. All opinions are precedential unless otherwise indicated.

On Demand Machine Corp. v. Ingram Industries, Inc., et al. (03/31/2006): claim construction & jury instruction standards of appellate review, specification scope of invention (as pertaining to the claims), jury’s role with doctrine of equivalents, preamble claim limitations

Athletic Alternatives, Inc. v. Benetton Trading USA (03/31/2006, non-precedential): claim invalidation & prior art, indefiniteness standard, witness credibility determinations, demand for jury trial

Pods, Inc. v. Porta Stor, Inc., et al. (04/06/2006, non-precedential): non-finality of discovery orders, preliminary injunction infringement demonstration

Semitool, Inc. v. Dynamic Micro Systems Semiconductory Equipment GMBH (04/06/2006): summary judgment & contract claim standards of appellate review, claims as defining claim terms, term definitions applying from parent to child patents, specification scope of invention (as pertaining to the claims)

Breckenridge Pharmaceutical, Inc. v. Metabolite Laboratories, Inc. et al. (04/07/2006): general & personal jurisdiction standards of appellate review, federal vs. state law applicability regarding jurisdiction, tortuous interference and unfair competition state law, several cases cited on jurisdictional issues


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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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