June 13, 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-sixth through the fiftieth cases that were appealed from the district court level and decided by the Federal Circuit in 2006. All opinions are precedential unless otherwise indicated.

Aventis Pharma S.A., et al. v. Amphastar Pharmaceuticals, Inc. (04/10/2006, non-precedential): standards for finding inequitable conduct (materiality & intent to deceive), disclosure of material facts to the USPTO during prosecution, evidentiary requirements to demonstrate intent to deceive

Glenayre Electronics, Inc. v. Jackson, et al. (04/11/2006), errata (LINK) : standard of review for denial of motion to set trial, burden of proof of indirect infringement, reasonable royalty determination, comments on the application of Birdsell, Union Tool, and Aro II; includes 13 page dissent from Judge Newman

Patriot Scientific Corp., et al. v. Moore et al. (04/12/2006, non-precedential): standard to appeal order disqualifying counsel or excluding testimony, attorney criticism within patent opinion, application of state professional conduct rules, court discretion regarding attorney disqualification

Philips Electronics North America, et al. v. Contec, et al. (04/18/2006, non-precedential): claim construction appellate standard of review, discussion of commonly used terms in patent claims, appellate review of denial of summary judgment, damages evidence

Lava Trading v. Sonic Trading Management, et al. (04/19/2006): court’s contextual analysis of product or process during claim construction, two-step infringement analysis, waiver and estoppel, appellate review of specific claim elements; includes dissent from Judge Mayer


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