July 17, 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 sixty-first through the sixy-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.

Dow Agrosciences LLC v. Crompton Corp., et al. (05/05/2006, non-precedential): claim construction and infringement appellate standards of review, summary judgment, discussion on doctrine of equivalents and explanation how the accused products "perform substantially the same function in substantially the same way to obtain the same result"

Old Town Canoe Company v. Confluence Holdings Corp. (05/09/2006): declaratory judgment, noninfringement and judgment as a matter of law appellate standard of review, doctrine of equivalents as pertaining to multiple claims, claim construction analysis and determination of claim definitions, patent invalidity and unenforceability, discussion of obviousness, enablement, best mode, and inequitable conduct

Inpro II Licensing, S.A.R.L. v. T-Mobile USA, et al. (05/11/2006): claim construction and appellate standard of review, doctrine of claim differentiation, claims dictating patent scope, specification focus and impact on claim breadth, extrinsic evidence and expert testimony

Revolution Eyewear, Inc., et al. v. Aspex Eyewear, et al. (05/12/2006, non-precedential): award of attorney’s fees, jurisdiction based on "final judgment," Fed. R. Civ. P. 54(b)

Applied Medical Resources v. United States Surgical (05/15/2006): summary judgment and infringement appellate standards of review, means-plus-function claims, analysis of claim construction, infringement (literal and doctrine of equivalents)


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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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