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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 "assemblable mattress support." Cap Export filed a declaratory judgment action against Zinus, alleging tha...

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, Cap Export sued Zinus seeking a declaratory judgment that claims of a patent owned by Zinus were i...

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 filed a declaratory judgment action against Zinus, alleging that the claims are invalid and not infrin...

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 clear Rule 60(b)(3)’s high bar? Basically, it took the patent owner’s president (who was also servi...