August 26, 2013

Federal Circuit Decisions for Week Ending August 16, 2013

Leo Pharmaceutical Products, Ltd. V. Teresa Stanek Rea, Acting Director, United States Patent and Trademark Office, No. 2012-1520, (August 12, 2013) (precedential) (3-0) Patent No. 6,753,013

Key point:

  • Objective” indicia of nonobviousness should inform the decision of obviousness, rather than be treated as an afterthought.

Monolithic Power Systems, Inc., v. O2 Micro International, Ltd., No. 2012-1221, (August 13, 2013) (Precedential) (3-0) Patent Nos. 6,856,519, 6,809,938, 6,900,993, 7,120,035, and 7,417,382

Key points:

  • Finding that a case is exceptional under 35 U.S.C. § 235 does not require finding bad faith.
  • Pervasive misconduct can justify an award of substantially all attorneys’ fees incurred.

Lloyd Fleming v. Richard Coward, No. 2013-1091, (August 13, 2013) (Non-Precedential) (3-0) Patent Application No. 12/220,804

Key point:

  • An applicant must exhaust all remedies before the PTO by procuring a decision from the PTAB or other “final agency action” such as a denied petition before being entitled to judicial review.

Hamilton Beach Brands, Inc. v. Sunbeam Products, Inc., 2012-1581 (August 14, 2013) (precedential) (2-1), Patent No. 7,947,928

Key point(s):

  • An offer for sale by a supplier in response to a purchase order is considered a “commercial offer for sale” under the standard set forth in Pfaff v. Wells.

Mikkelsen Graphic Engineering v. Zund America, 2012-1472 (August 16, 2013) (Non-Precedential) (3-0), Patent Nos. 6,619,168 and 6,672,187

Key point(s):

  • A grant of summary judgment of infringement does not implicitly include a grant of summary judgment of no invalidity.

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