summary judgment Archives - Page 6 of 11

No Summary Judgment Where Primary Reference Might Not Be “Basically the Same” as Asserted Design Patent

by McDermott Will & Emery | Apr 30, 2020 | Patents

The US Court of Appeals for the Federal Circuit found that the district court improperly resolved a genuine dispute of material fact with respect to summary judgment of invalidity for design patent obviousness because a reasonable fact finder could have concluded that the primary prior art reference did not create “basically the same” visual impression as the asserted designed patent. Spigen Korea Co., Ltd. v. Ultraproof Inc. et al., Case Nos. 19-1435; -1717 (Fed. Cir. Apr. 17, 2020) (Reyna, J.) (Lourie, J., dissented without opinion).

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A Lot of Hot Air? Obviousness Testimony Must Come from POSITA

by Alexander P. Ott | Feb 20, 2020 | Patents

Addressing a jury verdict of invalidity, the US Court of Appeals for the Federal Circuit found that the district court abused its discretion in allowing trial testimony regarding obviousness from a lay witness, and remanded for a new trial. HVLPO2, LLC v. Oxygen Frog, LLC, Case No. 19-1649 (Fed. Cir. Feb. 5, 2020) (Moore, J).

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All in the Family: Prior Patent License Implicitly Grants License to Asserted Patent

by Amol Parikh | Feb 20, 2020 | Patents

The US Court of Appeals for the Federal Circuit affirmed a district court dismissal, finding that a patent license implicitly licensed all parents and continuations that disclosed the same invention as the explicitly licensed patent. Cheetah Omni LLC v. AT&T Services, Inc., Case No. 19-1264 (Fed. Cir. Feb. 6, 2020) (Lourie, J).

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