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Federal Circuit Explains That Summary Judgment can be Delayed When Additional Discovery is Essential to Opposition

On May 7, 2013, the U.S. Court of Appeals for the Federal Circuit decided Baron Services Inc. v. Media Weather Innovations LLC. __F.3d __ (Fed. Cir. 2013). The plaintiff-appellant, Baron Services, appealed from a district court order that awarded summary judgment of non-infringement and attorney’s fees to Media Weather Innovations. The Federal Circuit vacated the [...]

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Federal Circuit Applies Collateral Estoppel to Patent Claim Terms Not Previously Construed

On April 19, 2013, the U.S. Court of Appeals for the Federal Circuit decided Aspex Eyewear & Contour Optik Inc. v. Zenni Optical LLC. (Fed. Cir. 2013). Aspex Eyewear, the plaintiff-appellent, appealed a decision of the U.S. District Court for the Southern District of Florida that collateral estoppel precluded its patent infringement lawsuit against Zenni [...]

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2013 Offshore Technology Conference Sets Record Number of Attendees and Displays Impressive Innovation

The 2013 Offshore Technology Conference in Houston, Texas drew the second-highest number of attendees in history.  According to the official records, 104,800 people attended the conference, which is 17% higher than last year.  For those of us who have seen the oil business in boom and bust cycles, the boom cycles are definitely more interesting! [...]

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Federal Circuit Decides That a Cross-Appeal is Required for District Court to Consider Patent Validity on Remand

On April 19, 2013, the U.S. Court of Appeals for the Federal Circuit decided Lazare Kaplan Int’l Inc. v. Photoscribe Technologies Inc.. (Fed. Cir. 2013). In its opinion, the Federal Circuit reversed the district court’s granting of relief under Rule 60 (b) and vacated its finding of patent invalidity because the prior judgment as to [...]

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Federal Circuit Reaffirms That Form 18 is the Appropriate Standard in Evaluating a Complaint for Direct Patent Infringement

On April 18, 2013, the U.S. Court of Appeals for the Federal Circuit issued an opinion in K-Tech Communications Inc. v. Time Warner Cable Inc. & DirecTV (Fed Cir. 2013). K-Tech Communications, the plaintiff-appellant, appealed from the US District Court for the Central District of California’s dismissal of its patent infringement complaint for failure to state [...]

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