Precedential Federal Circuit Opinions
1. COMCAST CORPORATION v. ITC [OPINION] (Newman, Reyna, Hughes)
Newman, J. On review of ITC decision, refusing to dismiss appeal as moot even though patents had expired where decision might affect ongoing investigations. On the merits, affirming holding of Commission that accused articles that do not become infringing until after importation (set top boxes connected to Comcast severs and mobile devices) were “articles that infringe” under Section 337. Also affirming holding that Comcast was an “importer” even though it did not physically bring the boxes into the United states or control the process of importation.
(Reyna, Wallach, Huges)Wallach, J. Affirming finding that patents were unenforceable based on inequitable conduct where information was concealed concerning an on-sale bar.
Denying petition for rehearing en banc where Panel had held that claims including “consisting essentially of” language were indefinite. Lourie, joined by Newman, O’Malley and Stoll, dissented.
(Lourie, Moore, Stoll)Lourie, J. Affirming district court holding that marking statute continues to limit damages after a patentee ceases sale of unmarked products.WilmerHale represented the defendants-appellees.