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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 mattress support that can be shipped in a compact state with all of its components packed into the headbo...

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 Zinus that is directed to an unassembled bedframe having parts stored within a compartment in the hea...