Federal Circuit Patent Updates - June 2008

Federal Circuit Patent Updates - June 2008

Publications

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Mars Inc. v. Coin Acceptors Inc. (No. 07-1409) (Linn, Clevenger, Prost)

June 2, 2008 9:33 AM

(Linn) Parent company could not recover lost profits of subsidiary. Because the parent did not show that profits from subsidiary flowed "inexorably" to parent, the Court did not decide whether that circumstances would allow a parent to recover lost profits. Further, the parent did not recover standing during a period that the subsidiary owned the patent by a subsequent transaction because that transaction did not transfer title to the patent. The district court's reasonable royalty award was otherwise affirmed.

A full version of decision is available here.

Metro. Life Ins. Co. v. Bancorp Services L.L.C. (No. 07-1312) (Mayer, Dyk Moore)

June 2, 2008 9:29 AM

(Dyk) Affirming claim construction of patent direct to method of administering life insurance policies, but remanding summary judgment of non-infringement based on disputed issues of fact and failure of the district court to permit discovery.

A full version of the decision is available here.