January 15, 2007

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). My goal is to post new cases on a weekly basis. This posting covers the first four patent cases that were appealed from the district court level and decided by the Federal Circuit during the second calendar week of 2007. All opinions are precedential unless otherwise indicated.

Amini Innovation Corp. v. Anthony California, Inc. (01/08/2007, non-precedential): appeal of summary judgment for non-infringement of design patent, discussion of a design patent relating to a dresser and a mirror (U.S. Patent No. D488,936, “Dresser and mirror”), discussion of protections offered by design patents, ordinary observer test, analysis of each element together, instead of separately, during ordinary observer analysis; evidence sufficient to demonstrate infringement to a jury, discerning points of novelty from design patent

Roper v. Jo-Ann Stores, Inc. (01/09/2007, non-precedential): appeal of dismissal of patent and copyright infringement suit for failure to state a claim, effect of failure to respond to motion to dismiss, discussion of patent relating to growing plants in a small area using cloth (U.S. Patent No. 4,713,909, “Indoor and Outdoor Cloth Farm”), no literal infringement when accused product embodies no structural claim elements, no copyright infringement when no connection between the copyrighted material and activities of the defendant, discrimination claim based on race dismissed without merit, no claim for sanctions for a frivolous lawsuit because no separately filed motion under Fed R. App. P. 38

Aspex Eyewear, Inc. v. Concepts in Optics (01/09/2007, non-precedential): appeal of grant of partial summary judgment, discussion of reissue patent relating to eyeglasses with two sets of lenses (U.S. Patent No. RE37,545, “Auxiliary lenses for eyeglasses”), challenge of district court’s claim construction, use of claim construction by appellate court from another panel of the same court reviewing different claims but the same limitation of a patent, affirmation of infringement regardless of the claim construction adopted

Grasty v. U.S. Patent & Trademark Off. (01/09/2007, non-precedential): review of dismissal of prior claim by res judicata and/or collateral estoppel, abandonment of patent application for failure to submit proper declaration, claim preclusion under res judicata doctrine, failure to prosecute claim operating as adjudication on the merits


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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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