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A dispute between the two titans in the poultry processing equipment market led the U.S. Court of Appeals for the Federal Circuit to construe the term “protection of investments” in 35 U.S.C. §252.
A dispute between the two titans in the poultry processing equipment market led the U.S. Court of Appeals for the Federal Circuit to construe the term “protection of investments” in 35 U.S.C. §252. John Bean Techs. Corp. v. Morris & Assocs., Inc., No. 2020-1090, 2021 WL 641987 (Fed. Cir. Feb. 19, 2021). This section outlines the boundaries of the court’s equitable powers to absolve liability from infringement for substantively altered patents. The court affirmed the summary judgment decision by the District Court for the Eastern District of Arkansas that granted equitable intervening rights to Morris & Associate Inc.’s (Morris) against John Bean Technologies Corporation’s (John Bean) infringement claims based on its reissued patent. Rejecting John Bean’s argument that “protection of investment” is limited to monetary investments made and recouped before the reissue certificate, the Federal Circuit determined that the lower court did not abuse its discretion by considering factors other than money invested before the reissue and granting Morris the defense of equitable intervening rights.
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By Jennifer Bush
Perhaps the largest impact that Director Vidal has had upon the PTAB is has been via Director Reviews. The U.S. Supreme Court mandated Director Reviews to correct procedural defects in the way that administrative patent judges are appointed to the PTAB.
By Nicole D. Galli
In modern times, trade secrets have long been considered mainly the province of employment lawyers dealing with more mundane issues such as customer relationships. Today, it seems trade secrets lawyers are multiplying like mushrooms after a rainstorm — coming not only from the employment bar, but also from IP, particularly the patent bar.
By By Zachary D. Cleary, Jose J. Jimenez and Taryn A. Elliott
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By Howard Shire and Justin Tilghman
Ninth Circuit Upholds Copyright Infringement Dismissal In ‘Jangle Vision Twins’ Case