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CAFC Affirms Water Heater Infringement Ruling Based on District Court Claim Construction

IP Watchdog

The appellate court ruled that the district court’s construction of a contested limitation within claim 1 was supported by the patent’s specification. Smith’s patent covering a hot-water heater system was both infringed by Bradford White and not invalid.

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Other Barks & Bites for Friday, July 30: EU Commission Enforces Compliance with Digital Single Market Copyright Rules, German High Court Rules on Lindt Chocolate Bunny Marks and Another Setback for Gil Hyatt in Suit Against USPTO

IP Watchdog

This week in Other Barks & Bites: a German high court rules that Lindt’s gold foil-wrapped chocolate bunnies have trademark protections; Federal Circuit Judge Kathleen O’Malley announces her retirement; the Federal Circuit rules that the PTAB gave no meaningful opportunity to respond to a sua sponte claim construction order; InterDigital obtains (..)

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CAFC Sends Amazon Patent Case Back to District Court Due to Ambiguous Stipulation

IP Watchdog

The United States Court of Appeals for the Federal Circuit (CAFC) issued a precedential ruling Monday that vacated and remanded a district court ruling on patent infringement in a case between Amazon and AlterWAN.

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Construction Expert Witness Testimony Not Allowed in Chinese Drywall Litigation

Expert Witness Blog

Summary: Construction Expert Witness testimony excluded because the court ruled that the expert cannot state that the Chinese drywall caused the plaintiffs’ injuries Facts: This case ( Fozard et al v. The court ruled that Ehrsam cannot state that the Chinese drywall caused the plaintiff’s injuries.

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CAFC Reverses District Court Claim Construction in Fuel Tank Sensor Case

IP Watchdog

Court of Appeals for the Federal Circuit (CAFC) issued a precedential opinion on Monday that reversed and vacated in part a previous lower court ruling in a patent case related to fuel tank sensors.

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Tenth Circuit Reworks Opinion on Extraterritorial Reach of Lanham Act as Per SCOTUS

IP Watchdog

Court of Appeals for the Tenth Circuit issued a revised opinion on Tuesday in the case of Abitron v. Hetronic, which was on remand from the Supreme Court’s June 2023 decision vacating a $96 million damages award for Hetronic. Abitron et.

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How Not to Negotiate an ESI Protocol? Say it is “Mandatory”; and, Demand That Discussions be Recorded

E-Discovery LLC

Such obdurate behavior in this case lacks justification, defies the bounds of expected professional behavior, and was seemingly deployed to harass Defense Counsel and thwart any meaningful and constructive attempts at resolving the parties disputes. at *9 (Emphasis added).

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