On April 19, a divided panel of the Federal Circuit reversed a lower court’s judgment of invalidity because the defendant had not cross-appealed invalidity in a prior appeal involving the defendant’s winning judgment of non-infringement. See Lazare Kaplan Int’l, Inc. v. Photoscribe Techs., Inc., Appeal No. 2012-1247 (Fed. Cir. 2012).
As is often the case, this patent dispute hinged on claim construction. The two claims at issue each included a term that the district court construed narrowly. Under that narrow construction, the patent was found to be valid, but not infringed by the defendant.
The plaintiff appealed the non-infringement decision to the Federal Circuit and, as part of that appeal, challenged the district court’s claim construction. The defendant, happy with the non-infringement judgment in its favor, did not cross-appeal on any issue.
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