Our weekly SoCal IP Institute meeting on Monday, February 4, 2013 will be a discussion of two patent cases from the Federal Circuit. Brief synopses of the cases appear below.
Hall v. Bed Bath & Beyond, Case No. 11-1165 (Fed. Cir. Jan 25, 2013) (available here)
In design patent infringement action by designer of Tote Towel against defendant, judgment dismissing all claims and counterclaims is: 1) reversed in part on plaintiff’s counts of patent infringement, unfair competition, and misappropriation, which were not subject to dismissal on the pleadings because they fully complied with the rules, stated the correct law, and showed plausible entitlement to relief; but 2) affirmed as to the dismissal of the counts against defendant’s executives who had been sued in their personal capacity; and 3) affirmed on the dismissal of defendant’s counterclaims.
Rexnord v. Kappos, Case No. 2011-1434 (Fed. Cir. Jan. 23, 2013) (available here)
The Board of Patent Appeals and Interferences’ confirmation of plaintiff’s claims 1–14 of the ‘680 patent for a mechanical conveyor belt as patentable is: 1) affirmed in part, in that the claims are not anticipated; and 2) reversed in part with regard to the Board’s determination that the claimed invention is not obvious in view of certain prior art.
All are invited to join us in our discussion during the SoCal IP Institute meeting on Monday, February 4, 2013 at Noon in our Westlake Village office. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Noelle Attalla by 9 am Monday morning.