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Sour Grapes: Attorney’s Oral Agreement Might Be Okay if Fair, Just, and Fully Advised

The US Court of Appeals for the Ninth Circuit found that a district court erred in declaring on summary judgment that an attorney had no ownership interest in a winery because the alleged agreement was made orally. The Ninth...more

Well Runs Dry: Summary Judgment Denial Supports Non-Exceptional Case Finding

The US Court of Appeals for the Federal Circuit affirmed a district court’s denial of attorneys’ fees, explaining that when a district court denies summary judgment and allows a plaintiff’s case to proceed, the district court...more

It’s All in the Grammar: “A” Still Means “One or More,” but Single Component Must Perform All Claimed Functions

The US Court of Appeals for the Federal Circuit affirmed a jury’s noninfringement verdict, finding that the district court correctly interpreted the article “a” and antecedent “said” in the asserted claims to require that a...more

Family Matters, but Only Sometimes if Claim Construction Is Involved

The US Court of Appeals for the Federal Circuit reversed a district court’s claim construction, explaining that the use of a restrictive term in a definition in an earlier application does not reinstate that term in a later...more

Déjà vu Decision on Likelihood of Confusion

The US Court of Appeals for the Fifth Circuit affirmed a district court’s dismissal of a trademark suit that was essentially identical to a previous lawsuit that was dismissed based on a finding of lack of confusion....more

Magazine Reload: Claim Construction Error Requires Reversal and Remand

The US Court of Appeals for the Federal Circuit reversed a district court’s summary judgment ruling based on a claim construction error because nothing in the claims or specification of the asserted patent supported the...more

Structural Limitations Are Not Met By Imaginary Demarcation Lines

The US Court of Appeals for the Federal Circuit affirmed a district court’s claim construction of the term “end plate” that required a flat external surface, and its construction of the term “protrusion extending outwardly...more

All in the Family: Prior Patent License Implicitly Grants License to Asserted Patent

The US Court of Appeals for the Federal Circuit affirmed a district court dismissal, finding that a patent license implicitly licensed all parents and continuations that disclosed the same invention as the explicitly licensed...more

No Brainer: Summary Judgment Based on Non-Asserted Grounds Procedurally Improper

The US Court of Appeals for the Federal Circuit reversed a district court’s summary judgment grant of non-infringement because it was improperly granted on a ground that was not asserted by the accused infringer. NeuroGrafix...more

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