Florida Lawyer News Services | Robbins Equitas

(Tampa dui attorney) Henkel Corp. v. The Procter & Gamble Co.

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(U.S. Fed. Cir., Intellectual Property, Patent) In a patent interference action involving dishwasher detergent tablets, Board of Patent Appeals and Interferences award of priority of invention to defendant is affirmed where substantial evidence supports the Board’s determination that defendant demonstrated an actual reduction to practice of the invention before plaintiff.

Situation Mgmt. Sys. v. ASP Consulting, LLC

(U.S. 1st Cir., Copyright, Intellectual Property, Labor & Employment Law) In a copyright action involving training materials geared toward teaching techniques for effective communication and negotiation within the workplace, district court’s finding of noninfringement is vacated where: 1) district court erroneously excluded large portions of plaintiff’s works from its substantial similarity analysis based upon its misapplication of the originality requirement; and 2) the court improperly denied copyright protection to large portions of plaintiff’s works under the mistaken belief that they described a noncopyrightable process or system.

Larson Mfg. Co. of South Dakota, Inc. v. Aluminart Products Ltd.

(U.S. Fed. Cir., Intellectual Property, Patent) In a patent infringement action involving storm doors, district court’s dismissal of plaintiff’s claims is affirmed in part and reversed in part where: 1) the district court erred in finding that the three undisclosed items of prior art were material, as they were cumulative of prior art already before the Reexamination Panel; and 2) the district court’s correctly determined that the two office actions were non-cumulative and material. The case is remanded for further proceedings to redetermine the issue of intent and whether there was inequitable conduct.

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