Tuesday, May 01, 2007

Pods v. Porta Stor

Reviewing a case from MD Florida, the CAFC reversed a finding of patent infringement, so that Pods ended up losing. The patent at issue was US 6,071,062.

There were claim construction issues, and the CAFC did cite Phillips, 415 F.3d 1303. There is even a cite to Southwall v. Cardinal, 54 F.3d 1570 about arguments made during prosecution. On the topic of unmistakable surrender, the CAFC cited Conoco, 460 F.3d 1349.

There was also a copyright issue, one involving work made for hire, and the CAFC cited CCNV v. Reid, 490 US 730. Joint authorship of copyright was also involved.


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