Page 2 - Cap Export News Today

To print this article, all you need is to be registered or login on Mondaq.com. A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board. Cap Export, LLC, et al. v. Zinus, Inc., et al., No. 2020-2087 (Fed. Cir. (C.D. Cal.) May 5, 2021). Opinion by Dyk, joined by Bryson and Hughes. Zinus owns a patent directed to an "assem...

Federal Circuit on Federal Rule of Civil Procedure 60b3 under Ninth Circuit law, affirmed a district court’s ruling setting aside a monetary damages judgment and an injunction for fraudulent misrepresentations by a corporate patent owner’s president concerning prior art. Cap Export v. Zinus.

To embed, copy and paste the code into your website or blog: The US Court of Appeals for the Federal Circuit, exploring the use of Federal Rule of Civil Procedure 60(b)(3) under Ninth Circuit law, affirmed a district court’s ruling setting aside a monetary damages judgment and an injunction for fraudulent misrepresentations by a corporate patent owner’s president concerning prior art. Cap Export, LLC, et al. v. Zinus, Inc., et al., Case No. 20-2087 (Fed. Cir. May 5, 2021) (Dyk, J.) In 2016...

To embed, copy and paste the code into your website or blog: A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board. Cap Export, LLC, et al. v. Zinus, Inc., et al., No. 2020-2087 (Fed. Cir. (C.D. Cal.) May 5, 2021). Opinion by Dyk, joined by Bryson and Hughes. Zinus owns a patent directed to an “assemblable mattress support.” Cap Export fi...

Panel: Judges Dyk, Bryson, and Hughes, with Judge Dyk writing the opinion You should read this case if: you have a motion to reopen a judgment under Rule 60(b)(3) This week we take a look at a rare feat: a successful motion to set aside a judgment (and injunction) under Rule 60(b)(3) of the Federal Rules of Civil Procedure. Rule 60(b)(3) provides for relief from a judgment for reason of “fraud … , misrepresentation, or misconduct by an opposing party.”  So how did the motion here clea...

Cap Export, LLC v. Zinus, Inc. , Appeal No. 2020-2087 (Fed. Cir. May 5, 2021) The Federal Circuit issued a single precedential patent case this week. The district court set aside a judgement and injunction originally in favor of Zinus and against Cap Export, pursuant to Rule 60(b)(3), in light of apparently fraudulent testimony offered by a critical witness. In a rare decision addressing Rule 60, the Federal Circuit affirmed. The case stems from Zinus’s patent relating to an assemblable mattr...

Before Dyk, Bryson, and Hughes. Appeal from the United States District Court for the Central District of California. Summary: A judgment and injunction were properly set aside pursuant to FRCP 60(b)(3) when it was discovered that the patentee’s president and testifying technical expert lied about knowledge of prior art during his deposition and the defendant had no reason to suspect the fraud. Cap Export sought a declaratory judgment of invalidity and non-infringement for a patent owned by Z...