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 [...]
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 [...]
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 [...]
On April 4, 2013, the US Court of Appeals for the Federal Circuit decided Bruce N. Saffran, M.D. v. Johnson & Johnson and Cordis Corporation. No. 2012-1043 (Fed. Cir. 2013). In its opinion, written by Judge Lourie, the Federal Circuit reversed the judgment of the US District for the Eastern District of Texas because the [...]
On March 15, 2013, the U.S. Court of Appeals for the Federal Circuit decided Jack L. Frolow v. Wilson Sporting Goods Co. __ F.3d __ (Fed. Cir. 2013). Although the court declined to adopt the Doctrine of Marking Estoppel, it held that a party’s marking a product with a patent number is an extrajudicial admission that [...]
