United States Federal Circuit

In patent infringement suit, summary judgment of invalidity of plaintiff's patent, related to methods and systems for using lasers to make micro-inscriptions on gemstones, and grant of relief to defendant which vacated a prior finding that plaintiff's patent was not invalid are: 1) reversed in part, as to the grant of relief under Rule 60(b) because the district court erred by allowing defendant to address validity on remand despite its failure to file a cross-appeal from the adverse final judgment on validity in Lazare Kaplan II ; 2) vacated in part, as to the finding of invalidity and the district court is instructed to reinstate the original judgment of "not invalid"; but 3) the Court declines plaintiff's request to reassign the matter to a different judge.

Appellate Information

• Decided 04/19/2013
• Published 04/19/2013

Judges

• LOURIE

Court

• United States Federal Circuit

Counsel