Monday, November 14, 2011

Home Depot smacked down at CAFC

The conclusion of the case against Home Depot:

The jury’s verdict that Home Depot willfully infringed the ’039 patent and its decision to award $15 million in damages is supported by substantial evidence. We affirm the district court’s denial of judgment as a matter of law in favor of Home Depot on the infringement, willfulness, and damages issues. Likewise, we affirm the court’s determinations regarding claim construction and inequitable conduct. Its decision finding this case exceptional and the award of attorney fees is affirmed.

And, related to citing documents in a patent background section:

Though Home Depot argues that we cannot consider these patents because they were never before the district court on this issue, the patents are not only cited, but also discussed in detail in the “Background of the Invention” section of the written description. Our cases establish that “prior art cited in a patent or cited in the prosecution history of the patent constitutes intrinsic evidence.” Kumar v. Ovonic Battery Co., 351 F.3d 1364, 1368 (Fed. Cir. 2003) (citing Tate Access Floors, Inc. v. Interface Architectural Res., Inc., 279 F.3d 1357, 1371–72 n.4 (Fed. Cir. 2002); Vitronics Corp. v. Conceptronic, Inc., 90 F.3d 1576, 1582 (Fed. Cir. 1996)).


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