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March 6, 2013

Inequitable Estoppel

Bumper Boy asserted animal collar patents that the district court denied on non-infringement against Radio Shack via equitable estoppel, as Bumper Boy wrote a threatening letter, then did nothing for years. On appeal (CAFC 2012-1233), a 2-1 decision highlighted the often capricious court interpretation of the law in this country. A CAFC panel majority: 1) found that Bumper Boy mysteriously eluded equitable estoppel on a CIP even though "these claims do not draw on any new matter"; 2) completely ignored Radio Shack's invalidity arguments, contrary to law (ostensibly for not filing a cross-appeal, when it wasn't necessary. As the dissent pointed out: "the prevailing party need not file a cross-appeal in order to defend a judgment in its favor on any ground that is supported by the record.") Dissenting Judge Newman was rightly disgusted with colleagues Moore and Reyna.

Posted by Patent Hawk at March 6, 2013 9:25 PM | Infringement