Stephen Parker | December 11, 2013
Decided November 18, 2013
Panel: Judges Prost, Bryson and O’Malley, Opinion by Judge Prost
The Federal Circuit vacated the California District Court’s denial of permanent injunctive relief against Samsung for its infringement of Apple, Inc.’s smart phone utility patents on the basis of the District Court having abused its discretion by failing to properly analyze evidence of causal nexus pertaining to irreparable harm and the inadequacy of legal remedies. This case is the third appeal to the Federal Circuit in this matter between Apple and Samsung. In 2011, in Apple’s initial infringement suit against Samsung, the jury found that twenty-six (26) Samsung smart phones infringed on six (6) Apple patents, and awarded Apple more than $1 billion in damages. Prior appeals to the Federal Circuit involved appeals related to preliminary injunctive relief (Apple I and II). While the Federal Circuit in prior appeal (Apple II) had rejected the District Court’s award of a preliminary injunction for not having considered the causal nexus requirement, the Federal Circuit now vacates the District Court’s award of permanent injunctive relief for having placed too much emphasis on the causal nexus requirement.
Upon obtaining the District Court decision, Apple moved for a permanent injunction to enjoin Samsung from importing or selling any of its twenty-six (26) infringing products or any other product not more than colorably different. Apple’s appeal is based on infringement of Apple’s 1) utility patents, 2) design patents and 3) trade dress. On December 12, 2012, the District Court denied the request for a permanent injunction. Here, the Federal Circuit affirmed the denial of permanent injunction for infringement of the design patents and trade dress, but vacated and remanded the denial of permanent injunction for infringement of the utility patents.
John M. Wang | December 6, 2013
Decided November 15, 2013
Before Dyk (Circuit Judge), Bryson (Circuit Judge) and Reyna (Circuit Judge). Opinion by Reyna.
Keywords: collateral estoppel, obviousness, inequitable conduct, reexamination, and rule of reason.
OWW initiated a suit against Alps for patent infringement. After a long legal battle including two ex parte reexaminations, two District Court proceedings, and two CAFC appeals, OWW lost two patents and was charged with inequitable conduct.
OWW is the owner of US Patent No. 5,830,237 (the ‘237 patent), entitled “Gel and Cushioning Devices,” filed on March 5, 1996. The ‘237 patent disclosed cushioning devices designed to cover the residual stumps of amputated limbs, acting as a shape-conforming buffer, as illustrated below, to make the use of attached prostheses more comfortable. The primary invention was a cushion liner comprising a fabric covering in the shape of a tube sock coated on only one side with mineral oil-based polymeric gels.
On December 27, 2004, OWW filed its complaint against Alps for infringement of the ‘237 patent. After the District Court issued its Claim Construction order in the proceedings, Alps filed its first request for an ex parte reexamination of the ‘237 patent. The District Court stayed the litigation for the duration of reexamination proceedings, pending resolution of the validity of the disputed patent.
Under pre-AIA law, conception of a DNA segment is established by possession and appreciation, not completely accurate sequence knowledge
Bernadette McGann | November 20, 2013
Sanofi-Aventis v Pfizer, Inc.
November 5, 2013
Before Newman (Circuit Judge), Lourie (Circuit Judge) and Davis (District Judge). Opinion by Newman.
A patent is awarded to the first party to conceive and reduce to practice the invention. When the invention is directed towards a DNA segment, conception requires possession and appreciation of the DNA segment that is claimed. A completely correct sequence of the DNA segment is not the standard for establishing conception and reduction to practice.
Sung-Hoon Kim | November 6, 2013
Integrated Technology Corporation v. Rudolph Technologies, Inc.
November 4, 2013
Moore (author), Rader, and Clevenger
The CAFC reversed the denial of Rudolph’s motion for JMOL that its accused no-touch products do not infringe under the doctrine of equivalents. The CAFC found that prosecution history estoppel (preventing ITC from recapturing through the doctrine of equivalents the subject matter that ITC surrendered during prosecution) presumptively applies, and that ITC failed to rebut the presumption because it failed to establish one of three exceptions by a preponderance of the evidence.Next Page »