United States Federal Circuit

In a patent infringement action involving plaintiff's patent for a cushioning device that goes over the residual stumps of amputated limbs to make the use of prosthetics more comfortable, summary judgment that plaintiff was collaterally estopped from challenging the invalidity of certain claims of the patent, that certain claims of the patent were invalid for obviousness, and that defendant failed to raise a genuine issue of material fact with respect to inequitable conduct, is: 1) affirmed in part, as to the issues of collateral estoppel and obviousness; and 2) reversed in part and remanded on the issue of inequitable conduct, where there are genuine issues of material fact regarding whether plaintiff's counsel committed inequitable conduct during the reexamination proceedings that preclude summary judgment.

Appellate Information

• Decided 11/15/2013
• Published 11/15/2013

Judges

• REYNA

Court

• United States Federal Circuit

Counsel