This morning the Federal Circuit released one nonprecedential opinion and six nonprecedential orders. The opinion affirms a judgment from the Western District Court of Pennsylvania in a patent case. The first order reinstates an appeal and vacates a previous judgment while also affirming a decision from the Trademark Trial and Appeal Board. All the other orders are dismissals. Here is the introduction to the opinion and links to the orders.
Sherwin-Williams Company v. PPG Industries, Inc. (Nonprecedential)
The Sherwin-Williams Company (“Sherwin” or “Sherwin-Williams”), the owner of U.S. Patent No. 8,617,663 (“’663 patent”), U.S. Patent No. 8,835,012 (“’012 patent”), U.S. Patent No. 9,242,763 (“’763 patent”), U.S. Patent No. 9,415,900 (“’900 patent”), and U.S. Patent No. 9,862,854 (“’854 patent”), appeals from a judgment of patent invalidity from the District Court for the Western District of Pennsylvania.
We conclude that substantial evidence supports the jury verdict of anticipation, and that the district court did not abuse its discretion in excluding a stipulation of infringement and excluding evidence of PPG Industries, Inc. (“PPG”)’s prior patents. We also conclude that judicial estoppel precluded Sherwin from presenting evidence to contradict its admission that the prior art, U.S. Patent No. 5,714,539 (“Perez patent”), discloses a BPA-free substance (a requirement of the asserted claims). We thus affirm as to Sherwin’s appeal. As to PPG’s cross-appeal, we agree with the district court that Sherwin’s unilateral covenant not to sue on the parent patents did not create an implied license for continuation patents, and affirm on the cross-appeal.
In re Elster (Nonprecedential Order)
Upon consideration of the judgment of the Supreme Court of the United States in Katherine K. Vidal v. Steven Elster, No. 22-704,
IT IS ORDERED THAT:
The mandate of this court issued on September 7, 2022, is recalled, the appeal is reinstated, and this court’s February 24, 2022, opinion and judgment are vacated. In accordance with the Supreme Court’s order, the decision of the Trademark Trial and Appeal Board is affirmed.