Last Month at the Federal Circuit - September 2010


In this issue - Divorce Decree Conveying Ownership Interest in Asserted Patents Deemed to Have Preclusive Effect in Patent Infringement Suit; Prosecution History Estoppel Does Not Bar Application of DOE for Patent Directed to DNA Encoding; Pharmacokinetic Claim Terms Need Not Refer to Complete FDA Regulations, and Infringement May Be Proven with Indirect Evidence and Through DOE; An Inference of an Intent to Deceive and an Equally Reasonable Inference Finding No Intent to Deceive Fails the Clear and Convincing Evidence Standard for Establishing Inequitable Conduct; Federal Circuit Vacates and Remands Inequitable Conduct Determination for Further Factual Findings, and Affirms JMOL of No Joint Infringement... And more.

Excerpt: In Enovsys LLC v. Nextel Communications, Inc., No. 09-1167 (Fed. Cir. Aug. 3, 2010), the Federal Circuit affirmed the district court’s determination that Enovsys LLC (“Enovsys”) had standing to sue and the district court’s denial of the postverdict JMOL motions filed by Sprint Nextel Corporation and its subsidiaries (collectively “Sprint Nextel”).

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