United States Federal Circuit - December 2001 Opinion Summaries

LNP ENG'G PLASTICS, INC. v. MILLER WASTE MILLS, INC.

Intellectual Property, Patent
Opinions of counsel obtained two years after the accused infringer has notice are sufficient to rebut an accusation of willful infringement where...

SANTORO v. PRINCIPI

Civil Procedure
Veteran Claims applicant who mailed notice of appeal from Board of Veterans' Appeals to the Court of Appeals for Veterans Claims with the wrong zip...

INTERACTIVE PICTURES CORP. v. INFINITE PICTURES, INC.

Intellectual Property, Patent
In an image software patent, the term "transform calculation" is not a narrowing amendment to an original application term "image transform processor...

CITY OF BURBANK v. US

Public Utilities
The statutory grant of exclusive jurisdiction to the Ninth Circuit, in 16 USC 839f(e), does not carve out an exception to jurisdiction that the Court...

ORTIZ v. PRINCIPI

Government Benefits
The "benefit of the doubt rule," under 38 USC 5107, does not apply in cases in which the Board of Veteran's Appeals has found that the preponderance...

INTERMATIC INC. v. LAMSON & SESSIONS CO.

Intellectual Property, Patent
Prosecution history estoppel applies to a claim limitation that was narrowed in order to obtain allowance of a claim during reexamination, despite the...

BOSE CORP. v. JBL, INC.

Intellectual Property, Patent
For purposes of the doctrine of equivalents, a claim that a device has "an ellipse" does not narrow the scope of a claim against a device with a "a...

IN RE THRIFTY, INC.

Intellectual Property, Trademark
A mark consisting solely of a color is not analogous to a word mark, in that the commercial impression of a color mark varies as its medium changes.

SMITH & NEPHEW, INC. v. ETHICON, INC.

Intellectual Property, Patent
Failure to disclose all procedures in the claim does not automatically invalidate a patent or make undiclosed procedures part of the public domain.

GALLAGHER v. DEP'T OF THE TREASURY

Government Benefits
Customs Inspector, who had some criminal investigation duties that were related to general border inspections, is not a "law enforcement officer"...