August 11, 2014

Federal Circuit Decisions for Week Ending July 18, 2014

Medisim Ltd., v. Bestmed, LLC, No. 2013-1451 (July 14, 2014) (precedential, 3-0), Patent No. 7,597,668

Key point(s):

  • Failure to move for judgment as a matter of law before the case is submitted to jury forfeits the right to move for JMOL on similar grounds after a jury verdict.

Golden Bridge Technology, Inc. v. Apple Inc., No. 2013-1496 (July 14, 2014) (precedential, 3-0), Patent Nos. 6,574,267 and 7,359,427

Key point(s):

  • Stipulated construction of a term in an IDS during prosecution constitutes disclaimer of claim scope.
  • An infringement theory first raised after an adverse summary judgment is deemed waived.

Arlington Industries, Inc. v. Bridgeport Fitting, Inc., No. 2013-1357 (July 17, 2014) (precedential, 3-0), Patent Nos. 6,335,488

Key point(s):

  • A contempt order simply interpreting or clarifying an earlier injunction does not confer appellate jurisdiction under §1292(c)(1).
  • Extending §1292(c)(2) to contempt orders would impermissibly broaden appellate jurisdiction conferred by the statute.

Align Technology, Inc., v. International Trade Commission, Nos. 2013-1240 (July 18, 2014) (precedential, 2-0), Patent No. 7,035,598

Key point(s):

  • An ALJ order denying a motion for termination is not reviewable by the Commission.
  • A waiver of the regulation to deem an order as an initial determination requires good and sufficient reason.

Related Team:

Jason C. Huang