Extract
IP Update - February 2010.
DSU Notwithstanding, Federal Circuit Finds Inducement May Be Based on Actions Taken in "Deliberate Disregard" of U.S. Patent
Only Licenses Involving the Patents-In-Suit Can Be Considered When Determining A Reasonable Royalty for Patent Infringement Failure to Disclose Contradictory Statements Made in Another Forum Supports Inequitable Conduct Finding A Combination of Non-Conclusory Factual Allegations Satisfies Twombly for a Sherman Act s.1 Claim and Can Proceed to Trial Construction of Claim Term "Personal Action" in Elevator Patent Goes Down Retroactive Terminal Disclaimer Not Allowed and Safe Harbor Applies to Divisional of Divisional Federal Circuit Disqualifies Law Firm for Attorney Ethics Violation Claiming Computer Readable Media Update: USPTO Announces Interim Procedure for Requesting Recalculation of Patent Term Adjustment Under Wyeth v. Kappos Go Team! University of Southern California's "SC" Mark Dominates University of South Carolina VARA Deals with Unfinished Business Google Held Liable for Copyright Infringement for Bulk Scanning of Books Even if Neither Party Resides in the District, Trade Secret Suit Venue Is OK DSU Notwithstanding, Federal Circuit Finds Inducement May Be Based on Actions Taken in "Deliberate Disregard" of U.S. Patent By Brock F. Wilson Upholding a district court's jury instruction, the U.S. Court of Appeals for the Federal Circuit found that sales of products delivered free on board (f.o.b.) to a destination outside the United States could be infringing sales under 35 U.S.C. s.271(a) and that the "knowledge of the patent" requirement for inducing infringement under s.271(b) and DSU Medical can include deliberately ignoring the risk that a protective patent exists. SEB S.A. and T-Fal Corp. v. Montgomery Ward & Co. et al., Case No. 09-1099 (Fed. Cir., Feb. 5, 2010) (Rader, J.). SEB, a French company that specializes in home-cooking appliances, brought a patent infringement action against Pentalpha Enterprises, Montgomery Ward & Co. and Global-Tech Appliances, for selling accused deep fryers in the United States. Pentalpha is a Hong Kong corporation that sold the accused deep fryers to, inter alia, Montgomery Ward f.o.b. Hong Kong or mainland China. According to the Court, "'f.o.b' is a 'method of shipment whereby goods are delivered at a designated location, usually a transportation depot, at which legal title and thus the risk of loss passes from seller to buyer.'" At trial, the district court i...See the full content of this document
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