It's Opinion Day at the Federal Circuit. Here is a brief overview of the law that came down today, April 29, 2015.
On appeal from: Eastern District of Louisiana
Patent at issue: 7,264,242 (LIGHT-REFLECTING BOARD GAME)
Issue Keywords: Obviousness, Skilled Artisan, Pre-Issuance Damages, Wilful Infringement
Substantive Cited Authority:
- KSR v. Teleflex, 550 U.S. 398 (2007);
- PAR Pharm., Inc. v. TWI Pharm., Inc., 773 F.3d 1186 (Fed. Cir. 2014);
- Tokai Corp. v. Easton Enters., Inc., 632 F.3d 1358 (Fed. Cir. 2011);
- Alexsam, Inc. v. IDT Corp., 715 F.3d 1336 (Fed. Cir. 2013);
- Kinetic Concepts, Inc. v. Smith & Nephew, Inc., 688 F.3d 1342 (Fed. Cir. 2012);
- Laitram Corp. v. NEC Corp., 163 F.3d 1342 (Fed. Cir. 1998)
- Seattle Box Co. v. Indus. Crating & Packing, 731 F.2d 818 (Fed. Cir. 1984)
- Aqua-Aerobic Sys., Inc. v. Richards of Rockford, Inc., 835 F.2d 871 (Fed. Cir. 1987) (unpublished)
- Spine Solutions, Inc. v. Medtronic Sofamor Danek USA, Inc., 620 F.3d 1305 (Fed. Cir. 2010)
- Halo Elecs., Inc. v. Pulse Elecs., Inc., 769 F.3d 1371 (Fed. Cir. 2014)
Summary: CAFC analyzed applicable obviousness standards and pre-issuance damages standards to uphold verdict for the plaintiff on those points. The court reversed with respect to wilfulness because:
... willfulness is not established where the defendant has a substantial, objectively reasonable, though ultimately rejected, defense, including an obviousness defense. - pg.12
On appeal from: Western District of Kentucky
Order: Oral Argument scheduled for June 19, 2015 at 10AM.
Summary: Save the date!
Veteran Claims Case.
ITC Case involving antidumping duty on warm water shrimp.
Stay tuned for more information, and please reach out to me on LinkedIn or Twitter if you'd like to see more analysis of some of these cases.