Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
In re Construction Equipment
If the Federal Circuit affirms a lower court verdict holding a patent not invalid over a prior art reference, may the losing party ask the Patent Office to invalidate that patent via re-examination over the same prior art reference? In the case of In re Construction Equipment, 665 F.3d 1254 (Fed. Cir. 2011), the Federal Circuit answered yes, raising important issues bearing on the scope of the re-examination statute, the finality of judgments, and the relationship between the Patent Office and the federal judiciary under the separation of powers doctrine of the Constitution.
Factual History
Construction Equipment Company (“CEC”) owns U.S. Patent 5,234,564 (the '564 patent), which is “directed to a vehicle for screening rocks and plant matter ' based on size from, for example, soil or dirt at a construction site.” Construction Equipment, 665 F.3d at 1254-55. A request for ex parte re-examination was filed in January 2007. Although the request did not name the third-party requester, the opinion states “CEC claims that the request was initiated by a company called Powerscreen International Distribution Ltd. (“Powerscreen”).” Id. at 1255 n.1. In litigation between CEC and Powerscreen that ended in 2000, Powerscreen had failed on appeal to overturn a final judgment of infringement of the '564 patent. Id. At issue in the re-examination was prior art that Powerscreen had unsuccessfully asserted against the validity of the '564 patent in the prior litigation. Id. at 1261 (Newman, J., dissenting). According to the 2-1 majority opinion, the claims at issue in the re-examination of the '564 patent were invalid over the prior art because “CEC's alleged invention consists entirely of combining known elements that, while possibly new, was nevertheless obvious and therefore unpatentable.” Id. at 1256.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.