United States Federal Circuit

In a patent infringement action which originally resulted in a judgment of infringement in favor of plaintiff, which was then modified on appeal and remanded back to the district court, the injunction and order finding defendant in contempt issued by the district court is vacated and remanded, where: 1) during the pendency of the appeal, the United States Patent and Trademark Office (PTO) completed a reexamination of plaintiff's '683 patent and determined that claim 26 was invalid; 2) the PTO's finding of invalidity was upheld on appeal and the PTO cancelled claim 26; and 3) the injunction and contempt order were based on claim 26, which the PTO has now cancelled.

Appellate Information

• Decided 07/25/2014
• Published 07/25/2014

Judges

• DYK

Court

• United States Federal Circuit

Counsel