September 6, 2013

Federal Circuit Decisions for Week Ending August 30, 2013

Aevoe Corp. v. AE Tech Co., Ltd., No. 2012-1422 (August 29, 2013) (precedential) (3-0) Patent No. 8,044,942

Key points:

  • A district court may issue a preliminary injunction against a non-party, that acts in concert with (e.g. is privy to) a defendant and is given notice of the injunction, from distributing potentially infringing products supplied by the defendant.
  • Under Ninth Circuit law, a change to a preliminary injunction that is not substantive or that does not alter the legal relationship of the parties is not a modification that resets the time period for appeal.

Trading Technologies International, Inc. v. Open E Cry, LLC, No. 2012-1583 (August 30, 2013) (precedential) (3-0) Patent Nos. 7,676,411, 7,693,768, 7,904,374, 7,685,055

Key points:

  • A prior claim construction ruling does not govern a written description analysis for claims issued in a subsequent continuation patent.
  • A prosecution estoppel ruling in a parent patent does not automatically apply to claims in a continuation-in-part patent.

Related Team:

Jessie D. Herrera, Jr.