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Intellectual Property Today
RFC Express - New IP Lawsuits

CAFC Happenings






By John L. Rogitz of Rogitz & Associates

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Claim Construction: Claim to wall-mounted baby changing station that folds up with top surface "partially hidden from view" not infringed by accused device in which top surface totally hidden from view, since "partially" does not mean "totally" and since patentee could have, if it wished to cover both, claimed "at least partially hidden", Helmsderfer v. Bobrick Washroom Equipment, Inc., no. 2008- 1027.

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Damages: Lost profits not available to parent company licensor when wholly-owned subsidiary licensee obligated to pay royalties to parent company since profits of subsidiary did not "inherently" or "inexorably" flow to parent under license, particularly since no evidence of patent receiving or recognizing profits of subsidiary existed.  The subsidiary moreover lacked standing to sue in its own place because it was not deemed to be an exclusive licensee, Mars, Inc. v. Coin Acceptors, Inc., nos. 2007-1409, -1436.

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Inequitable Conduct: Reversing finding of inequitable conduct, CAFC cautions that clear and convincing evidence of intent is not present when, as here, unfavorable inference is adopted over an equally reasonable favorable inference; in first of two groun...

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