Our weekly SoCal IP Institute meeting on Monday, July 8, 2013 will be a discussion of a Federal Circuit decision regarding jury instructions relating to indirect infringement and another Federal Circuit decision regarding a PTO’s reexamination proceeding affecting litigation. Brief synopses of the cases appear below.

Commil USA, LLC v. Cisco Systems, Inc., (Fed. Cir. 6/25/2013) (available here). The district court held that Cisco directly and indirectly infringed certain claims of Commil’s patents. On appeal, the Federal Circuit vacated in part and remanded the case holding that the district court gave the jury a legally erroneous instruction with respect to indirect infringement.

Fresenius USA, Inc. v. Baxter International, Inc., (Fed. Cir. 7/2/2013) (available here). Baxter asserted that Fresenius infringed Baxter’s patent relating to the use of a dialysis machine with an integrated touch screen interface. The district court overturned the jury’s determination that Baxter’s patent was invalid. On appeal, the Federal Circuit vacated and remanded the district court’s finding that the patent was valid and infringed because the claims of the patent were canceled by the PTO during reexam.

All are invited to join us in our discussion during the SoCal IP Institute meeting on Monday, July 8, 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 Smith by 9 am Monday morning.