November 25, 2013

Federal Circuit Decisions for Week Ending November 15, 2013

The Ohio Willow Wood Company v. Alps South, LLC (November 15, 2013) Case Nos. 2012-1642, 2013-1024 (precedential) (3-0); Patent No. 5,830,237

Key points:

  • Collateral estoppel applies to unadjudicated patent claims when the differences between the unadjudicated patent claims and adjudicated patent claims do not materially alter the question of invalidity.
  • Assertions or omissions by counsel before the Patent Office may be inequitable conduct if they would lead the Office to a different result and they are for the deliberate purpose of obtaining an otherwise unwarranted patent.

Related Team:

Marcus Hammack