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Feb18
This Week's Patent Law Developments
The Federal Circuit issued four significant opinions this week. In The Nautilus Group v. Icon Health and Fitness, it dismissed a conditional cross-appeal that Icon filed after Nautilus filed its own appeal of a judgment entered in favor of Icon. The court ruled the cross-appeal improper and dismissed it, after reviewing the cases in which it had done exactly that in virtually identical circumstances. Why do people keep filing those?

The court also vacated a preliminary injunction entered in favor of Curtiss-Wright in Curtiss-Wright Flow Control v. Velan. The appellate court disagreed with the trial judge's construction of the word "adjustable," which appeared in one of the claims.

In another case, Ferring B.V. v. Barr Laboratories, the Federal Circuit affirmed the district court's grant of summary judgment in Barr's favor. It agreed that Ferring's patent is unenforceable due to inequitable conduct. And, in Golden Blount, Inc. v. Robert H. Peterson Co., the court affirmed the district court's finding of willful infringement but remanded for re-consideration and re-computation of damages.

For a thoughtful analysis of each of these opinions, visit the Patently-O: Patent Law Blog.

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