Intellectual Property Law

Request to stay injunction pending appeal may also be considered notice of appeal; estoppel bars DOE

By McKee, Voorhees & Sease, P.L.C.

In a decision yesterday, the Federal Circuit reversed a jury's verdict of infringement under the doctrine of equivalents.  The court had previously vacated-in-part and reversed-in-part the district court's earlier summary judgment of infringement, the result of which was the jury trial conducted by the district court.  The combination of the Federal Circuit's mandate in the earlier appeal and application of prosecution history estoppel precluded the jury's finding of infringement.

On a jurisdicitonal issue, the court also held that the appellee's request to stay enforcement of the injunction pending appeal was sufficient to serve as a notice of appeal under Rule 3, even though no separate notice was filed within the timeframe required by Rule 4. 

More detail of Int'l Rectifier Corp. v. IXYS Corp. after the jump.

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Full post as published by FileWrapper on February 12, 2008 (boomark / email).