Federal Circuit: Speak Now or Forever Hold Your Appeal


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.

Please see full article below for more information.

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Topics:  Appeals, Claim Construction, Infringement, Patents

Published In: Civil Procedure Updates, Intellectual Property Updates

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.

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