March 06, 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 three patent cases that were appealed from the district court level and decided by the Federal Circuit during the ninth calendar week of 2007. All opinions are precedential unless otherwise indicated.

Designing Health, Inc., et al. v. Udo Erasmus, et al. (02/26/2007, non-precedential): appeal of final judgment that decision mandated judgment as a matter of law and precluded a new trial (both affirmed), “a court of appeals, after reversing the denial of a party’s motion for JMOL (then styled “judgment n.o.v.”), may itself order dismissal or direct entry of judgment for that party,” discussion of procedure pertaining to JMOL and the arguments raised by the parties regarding JMOL and denial of motion for a new trial; no discussion of infringement anaylsis in this decision

Aquatex Industries, Inc. v. Techniche Solutions (02/27/2007): appeal of grant of summary judgment of non-infringement and preclusion of infringement under doctrine of equivalents by prosecution history estoppel (affirmed because no evidence of equivalents in opposition to summary judgment motion presented by plaintiff), discussion of patent relating to a method for cooling a person through evaporation by using multi-layered, liquid composite clothing materials (U.S. Patent No. 6,371,977 (“Protective multi-layered liquid retaining composite”)), defendant admission that its product reads on all elements of a claim except for one (leading to equivalents determination), error at district court level for incorrectly reading limitations into a patent, no evidence by plaintiff regarding equivalents on a limitation-by-limitation basis, no genuine issue of material fact presented to preclude summary judgment

Franklin Electric Co., Inc. v. Dover Corp. (doing business as OPW Fueling Components) (03/01/2007, non-precedential): appeal of grant of summary judgment of non-infringement (reversed and remanded), discussion of patent relating to protection against environmental contamination due to sump leakage (U.S. Patent No. 5,085,257 (“Sump Cover Containment Assembly”)), review of the phrase “facilitate positioning” determined during claim construction, patent drawings do not define proportions of items not specified within the specification, “[A]n attribute of the preferred embodiment cannot be read into the claim as a limitation,” fact-specific review of claim construction leading to reversal of non-infringement determination


Post a Comment

WIPO Press Releases

WIPO General News

Patent References

Click HERE to search issued U.S. Patents

Click HERE to search published U.S. Patent Applications

Click HERE to browse the MPEP (E8r6 in HTML and PDF, and E8r7 in PDF)

Click HERE to search patent assignments recorded with the USPTO

Click HERE to search Title 37 of the Code of Federal Regulations (rev. 7/1/08)

Click HERE to browse Title 35 of the U.S. Code

Click HERE to view current USPTO fees


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.

EPO Updates

Trademark References

Click HERE to search issued and pending U.S. Trademarks

Click HERE to search TTAB proceedings (via TTABVUE)

Click HERE to search trademark assignments recorded with the USPTO

The DDIP Author

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.

Click HERE to view my full professional bio at Reichel IP LLC.


Click HERE to join the e-mail list for my blog

Click HERE to provide feedback on the DDIP blog

Fellow Blogs/Bloggers

AwakenIP (Kuester)
Counterfeit Chic (Scafidi)
I/P Updates (Heinze)
Internet Cases (Brown)
Likelihood of Confusion (Coleman)
Patent Baristas (Albainy-Jenei)
Patent Docs (Zuhn et al.)
Patently-O (Crouch)
The 271 Patent Blog (Zura)
The Ice Loop (Ice Miller LLP)
The Indiana Law Blog (Oddi)
The Invent Blog (Nipper)
The Patent Prospector (Odom)
The TTABlog (Welch)