January 2012 Archives

IPCom GmbH & Co., a patent license manager, will get another chance to defend one of its patents against HTC Corp., the world’s largest maker of Android phones, thanks to a recent ruling of the Federal Circuit Court of Appeals.

Holding that a lower court judge was wrong to invalidate IPCom’s patent concerning mobile-device base stations, the Federal Circuit remanded the case back to the judge to consider additional arguments on the patent’s validity.

As environmentally-conscious consumers, we always make sure to bring our reusable bags to the grocery store. Despite our save-the-Earth ways, plastic grocery bags are apparently big business - just ask Dow Chemical Co., winner of a $61.7 million verdict related to its plastic grocery bag inventions.

Upheld on appeal by the Federal Circuit Court of Appeals on Tuesday, the verdict was handed down against Nova Chemicals Corp. in 2010 because the Canadian company’s “Surpass plastic” infringed two of Dow’s patents on polymers that are thinner and stronger than conventional plastic.

Here at FindLaw, we understand the pressures of being a legal professional - most of us are recovering lawyers - so we want to help by tossing you that preferred life preserver of the legal profession, the short list.

Oh, the Federal Circuit Court of Appeals - the mysterious, nerdy sister of the circuit courts that only hears appeals in specialized, complicated areas like patent law and international trade. What better way to get to know the Federal Circuit than by learning a little bit more about its captain, Federal Circuit Chief Judge Randall Rader.

As a practitioner in the Federal Circuit Court of Appeals, most of your time is spent thinking about the theoretical aspects of the law as you craft finely-honed briefs and oral arguments for your cases. However, you can't forget the basic, practical considerations of working in a federal appellate court. Regardless of whether this is your first time arguing in front of the court, or you are a seasoned pro, here's a recap of the top practical considerations a Federal Circuit practitioner should keep in mind:

The Federal Circuit Court of Appeals upheld a preliminary injunction against global biotechnology tools company Life Technologies Corporation, finding that it infringed against Celsis In Vitro’s so-called LiverPool patent.

The LiverPool patent describes various methods for producing cryopreserved human hepatocytes, which are cells of the main tissue of a human liver. Human hepatocytes are reportedly very fragile and hard to cryopreserve. The article in question in the case was a heaptocyte product produced by Life Technologies through the alleged use of Celsis’ patented method.

When it comes to filing a lawsuit, it's a problem if you can't construct a claim properly.

The attorneys for plaintiff MarcTec LLC conducted such egregious "litigation misconduct" in a medical patent suit that the Federal Circuit Court of Appeals affirmed a lower court's decision to award defendants Johnson & Johnson and Cordis $4 million in attorney fees and costs because the case was "exceptional..

In the battle over trademark supremacy, Super Bakery and “GOODY MAN” triumphed over Ward E. Benedict and his “G THE GOODYMAN” mark.

The Federal Circuit Court of Appeals affirmed the Trademark Trial and Appeal Board’s cancellation of Benedict’s trademark registration for repeatedly failing to comply with discovery requests and TTAB procedures.

Benedict had registered his trademark five months after Super Bakery in 2005. Both trademarks were registered in International Class 30 for bakery products. Two years later, Super Bakery filed a petition with TTAB to cancel Benedict’s mark on grounds of fraud and abandonment, and requested a number of documents from Benedict.