December 26, 2019

Federal Circuit Court Decisions For Week Ending December 6, 2019

Plastic Omnium Advanced Innovation & Research v. Donghee Am., Inc., No. 2018-2087 (Fed. Cir. Dec. 3, 2019) (Precedential) (2-1), Patent Nos. 6,814,921 and 6,866,812

Key point:

  • Advantages of an invention touted by the specification may be used to limit the doctrineof equivalents (DOE) where the accused product is inconsistent with the advantages.

TCL Commun. Tech. Holdings Ltd. v. Telefonaktiebolaget LM Ericsson, Nos. 2018-1363, 2018-1732, 2018-1380, 2018-1382 (Fed. Cir. Dec. 5, 2019) (Precedential) (3-0)

Key point:

  • If the substance of relief is legal in nature, then a party has a right to a jury trial under the 7th Amendment for determination of that relief, even if the relief is provided by equitable means, such as an injunction.

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