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IP Matter Re Wireless Communication Technologies, Plus an Administrative Matter

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By FindLaw Staff on September 20, 2010 5:46 PM

Fujitsu Ltd. v. Netgear Inc., 10-1045, concerned a challenge to the district court's grant of defendant's motion for summary judgment of noninfringement, in a patent infringement suit related to patents that describe and claim a different aspect of wireless communication technologies.  In affirming in part, the court held that the district court correctly granted summary judgment of noninfringement of the asserted claims of the '642 and '993 patents.  Regarding the '952 patent, the court affirmed the district court's grant of summary judgment of noninfringement for all products but for the four models for which plaintiff produced appropriate evidence of direct infringement.  Lastly, with respect to these four models, district court's summary judgment of no contributory and no induced infringement is reversed because genuine issues of material fact remain.


Downing v. Office of Pers. Mgmt., 10-3043, concerned a challenge to the Merit Systems Protection Board's affirmance of the reconsideration decision of the Office of Personnel Management's denying petitioner's request for former spouse survivor annuity benefits under the Civil Service Retirement System.  In affirming, the court held that, because petitioner's former husband did not reelect former spouse survivor benefits within two years following their divorce and the divorce decree makes no mention of a survivor annuity, the Board's decision was not arbitrary, capricious, or an abuse of discretion.

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