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May 29, 2009
Still in Diapers
The
impulse to see what you can get away with strikes infants of all ages. In
Boss Industries v. Yamaha Motor, both sides displayed a touch of the
syndrome. Boss sued Yamaha for infringing three snowmobile seat patents. Boss
lost on claim construction; easily affirmed on appeal. Any decent due diligence
by Boss and they would have never brought suit. On the other side, as the CAFC
opined, "Yamaha's discovery practices were less than commendable... This type of
conduct during litigation is unacceptable and reflects a lack of respect for
both the opposing party and the court." (CAFC
2008-1311)
Posted by Patent Hawk at May 29, 2009 8:50 PM | Litigation