Tuesday, May 28, 2013

AHG wins at CAFC: a best mode case

from AHG v. Broetje

Plaintiffs Ateliers de la Haute-Garonne and F2C2
Systems S.A.S. (collectively “AHG”) filed suit against
defendants Broetje Automation USA Inc. and Brötje
Automation GmbH (collectively “Broetje”), asserting
counts of patent infringement, trade dress infringement,
unfair competition, and intentional interference with
prospective economic advantage. Ateliers de la Haute-
Garonne is a French company whose employees include
Jean-Marc Auriol and Philippe Bornes, the inventors of
the patents in suit.

AHG appeals the judgment of invalidity on best mode
grounds. Broetje cross-appeals, stating that the patent
was abandoned. We reverse the judgment of invalidity,
affirm that the patent was not abandoned, and remand
for determination of the remaining issues.


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