Federal Circuit Review - Volume 3 | Issue 1 - January 2013


In This Issue:

• Prior Litigation Precludes Lawsuit

• Disclosure of Broad Genus Does Not Disclose Species

• Preamble Limits Claims

- Excerpt from Prior Litigation Precludes Lawsuit:

In Cummins, Inc. v. TAS Distrib. Co., Appeal No. 2010-1134, the Federal Circuit affirmed the district court’s grant of summary judgment to TAS on grounds of res judicata.

Cummins sought a declaratory judgment of invalidity and unenforceability of certain TAS patents relating to idle-control technologies for heavy-duty truck engines. TAS moved for summary judgment alleging that Cummins’ suit was barred by the doctrine of res judicata in view of prior litigation between Cummins and TAS. The district court granted summary judgment, and Cummins appealed...

Please see full newsletter below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Knobbe Martens Olson & Bear LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.