June 27, 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-first through the fifty-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.

Mark Bruckelmyer v. Ground Heaters (04/20/2006): anticipatory document as “printed publication” under 35 U.S.C. § 102, public accessibility of prior art documents, purpose of printed publication provision

Sun Coast Merchandise Corp., et al. v. CCL Products Enterprises, Inc., et al. (04/21/2006, non-precedential): infringement determination & claim construction appellate standards of review, exceptional cases and attorney fees, “ordinary and customary” claim meaning, literal infringement of 35 U.S.C. § 112 par. 6 limitation

Parental Guide of Texas, Inc. v. Thomson, Inc. (04/21/2006): patent contract interpretation, applicability of state law for contract disputes, litigation royalty under 35 U.S.C. § 284, reasonable royalty rate

Kinzenbaw, et al. v. Case LLC (05-1269, -1270; 04/26/2006, non-precedential): court’s claim interpretation with means-plus-function limitation, patent/claim indefiniteness, use of the term “substantially” in a claim

Kwik Products, Inc., et al. v. National Express, Inc., et al. (04/26/2006, non-precedential): claim construction & infringement standards of appellate review, means-plus-function claims


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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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