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December 27, 2013


The CAFC has declared the everyday antics of patent plaintiff lawyers to be exceptional. Vacating a district court judge's decision not to award attorneys fees under 35 U.S.C. § 285, an appeals court panel decreed that "litigation misconduct and unprofessional behavior may suffice." That specifically includes asserting infringement "despite an objectively low likelihood that it would prevail." Mind-reading is allowed in coming to this conclusion. (Kilopass Technology v. Sidense - CAFC 2013-1193)

Posted by Patent Hawk at 9:58 PM | Case Law

December 4, 2013

Single Amputation Kills Whole Family

Ohio Willow Wood came up with some patented designs for cushions over amputated limbs. One was amputated during litigation-related reexam. That was enough to effectively kill the whole family. "Collateral estoppel protects a party from having to litigate issues that have been fully and fairly tried in a previous action and adversely resolved against a party-opponent. Our precedent does not limit collateral estoppel to patent claims that are identical. Rather, it is the identity of the issues that were litigated that determines whether collateral estoppel should apply." (CAFC 2013-1642)

Posted by Patent Hawk at 3:47 PM | Prior Art

December 1, 2013

Biting for Apple

The U.S. government treats Apple computer as a favored son. The CAFC (2013-112) overturned a district court's judgment that an injunction against Samsung was unjustified. With no backing in law, as Apple's arguments were generally ill-conceived, but by strong bias, the CAFC told the district court to take another look, and find favor towards Apple as it does.

Posted by Patent Hawk at 4:32 PM | Injunction