On February 5, 2010, in ResQNet.com, Inc. v. Lansa, Inc., Nos. 08-1365, -1366, 09-1030, the Federal Circuit, in a per curiam opinion, affirmed the district court’s finding that Lansa, Inc. (“Lansa”) infringed ResQNet.com, Inc.’s (“ResQNet”) U.S. Patent No. 6,295,075, and that Lansa did not infringe U.S. Patent No. 5,831,608. The Court, however, vacated the district court’s award of damages and remanded for a redetermination of damages. The Court found that the district court’s accepted royalty rate of 12.5% is artificially inflated and disagreed with the process used to arrive at that rate. The Federal Circuit also reversed the district court’s imposition of Rule 11 sanctions on ResQNet and its counsel. Look for a complete summary in the next month’s edition of Last Month at the Federal Circuit.
On February 17, 2010, the Federal Circuit vacated its August 11, 2009, opinion in Hyatt v. Doll, No. 07-1066, in which the Federal Circuit upheld the district court’s exclusion of evidence in a proceeding against the PTO brought pursuant to 35 U.S.C. § 145. The Federal Circuit has reinstated the appeal, which will be heard en banc, and requested briefing on several issues related to § 145 proceedings. No date for oral argument has yet been set.