Thursday, September 13, 2012

Invalidation of Patent on Reexamination Warrants Relief from Judgment of Infringement, Including Injunction and Monetary Award

The magistrate judge recommended granting defendants' renewed motion for relief from judgment where the PTO invalidated the sole claim of the patent-in-suit during reexamination. "Defendants are entitled to the relief they seek under Rule 60(b)(5) and (6), as it would be inequitable and unjust to let stand, let alone enforce, an injunction and an unexecuted money judgment predicated on a patent claim found to be invalid and cancelled. . . . Because the District Court litigation was premised upon the presumed validity of a claim later found to have been void from its inception, the PTO's decision constitutes a material change in operative facts warranting equitable relief."

Flexiteek Americas, Inc., et. al. v. Plasteak, Inc., et. al., 0-08-cv-60996 (FLSD September 10, 2012, Order) (Seltzer, M.J.).

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