Equitable Estoppel News Today

The Federal Circuit denied a petition for en banc review of a panel opinion finding induced infringement liability despite the manufacturer’s adherence to skinny labeling rules, and suggested equitable estoppel was the appropriate vehicle. GlaxoSmithKline LLC v. Teva Pharms

Arbitration Non-Party – Credit Card – Equitable Estoppel In a case arising out of the installation of a water treatment system in plaintiff’s home, defendant Home Depot is not entitled to enforce the arbitration provisions in plaintiff’s credit card contract or in his contract with the installation professional. We affirm the trial court’s denial of Home ...

Arbitration Non-Party – Credit Card – Equitable Estoppel In a case arising out of the installation of a water treatment system in plaintiff’s home, defendant Home Depot is not entitled to enforce the arbitration provisions in plaintiff’s credit card contract or in his contract with the installation professional. We affirm the trial court’s denial of Home ...

Thursday, March 4, 2021 The US Court of Appeals for the Federal Circuit affirmed the district court’s grant of summary judgment of equitable intervening rights, protecting an alleged infringer from liability for activity that would otherwise infringe patent claims that were substantively and substantially altered during re-examination of the patent.  John Bean Technologies Corp. v. Morris & Associates, Inc., Case No. 20-1090, -1148 (Fed. Cir. Feb. 19, 2021) (Reyna, J.) John Bean an...