Justia Patents Opinion Summaries

Articles Posted in US Court of Appeals for the Fifth Circuit
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After ATOM filed for bankruptcy, plaintiff and ATOM initiated an adversarial proceeding against Petroleum Analyzer, alleging claims of misappropriation of trade secrets, unfair competition, and civil theft. On the bankruptcy court's recommendation, the district court withdrew the reference to the bankruptcy court and asserted jurisdiction under 28 U.S.C. 1334, and entered partial summary judgment for plaintiff and ATOM. Four years later, the district court held a bench trial and entered judgment in favor of Petroleum Analyzer and later awarded attorneys' fees to Petroleum Analyzer.The Fifth Circuit held that the district court did not clearly err by finding that Petroleum Analyzer did not use plaintiff's trade secrets in Petroleum Analyzer's sulfur-detecting excimer lamp called a MultiTek. Furthermore, the district court did not ignore the "law of the case" doctrine. The court also held that the district court did not err by awarding Petroleum Analyzer attorneys' fees under the Texas Theft Liability Act. The court remanded to allow the district court to make the initial determination and award of appellate attorneys' fees to Petroleum Analyzer. View "ATOM Instrument Corp. v. Petroleum Analyzer Co., LP" on Justia Law

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At issue in this case was whether a jury should hear Xitronix's claim that KLA-Tencor violated the Sherman Act's prohibition of monopolies by obtaining a patent through a fraud on the U.S. Patent and Trademark Office (PTO).The Fifth Circuit could not conclude that the Federal Circuit's decision to transfer this case to it was plausible, given the Supreme Court's and Congress's decisions to the contrary. The court held that the case belongs in the Federal Circuit because it presented a standalone Walker Process claim and there are no non-patent theories that would divert it to the Fifth Circuit. The court held that, under any reading of Gunn v. Minton, 568 U.S. 251 (2013), the court would deem it implausible that it could decide this appeal. Therefore, the court transferred the case back to the Federal Circuit. View "Xitronix Corp. v. KLA-Tencor Corp." on Justia Law