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RFC Express - New IP Lawsuits

CAFC Happenings






By John L. Rogitz of Rogitz & Associates

The CAFC is off to a hot spring training, starting March batting six-for-six off hapless district court pitching and beginning the hit parade by swatting three pro-patentee judgements out of the park.

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Claim Construction: Reversing district court claim construction and vacating preliminary injunction, in claim to garage door opener that required generation of both a trinary code (base 3) and binary code (base 2), CAFC construes "binary code" to mean "binary number" even though district court's construction of term "code" was admittedly its ordinary and accustomed usage, because CAFC "discerned" several countervailing trumps in the specification to the effect that even though the trinary code was stored in binary format within the computer (as it must be), it remained "trinary code" for claim construction purposes, The Chamberlain Group, Inc. v. Lear Corp., nos. 2007-1314, -1467.

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On Sale Bar: Hit parade continues: reversing and remanding summary judgement of infringement, on sale bar triggered before critical date under following conditions. Developer company was hired by contractor company to produce gusset-ruffling machine, verbally agreeing to confidentiality. Prototype price was quoted and price paid for, with prototype being inspected at developer's facility by cont...

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