Protip: Don’t raise 8 issues on appeal

Here’s something you never want to see in response to one of your appeals:

Both parties have appealed and have raised many—too many—issues.

Accentra v. Staples is a multi-patent and trademark dispute between owners and licensees of several patents concerning staplers. Both Accetra and Staples prevailed in part in the district court, and both appealed. The parties raised at least the following issues:stapler

  1. Claim construction for the ’768 patent
  2. A means-plus-function non-infringement argument for the ’692 patent
  3. A literal non-infringement argument for the ’692 patent
  4. Indefiniteness finding against the ’709 patent
  5. Damages (The awarded amount was higher than any figure proffered by either party’s expert.)
  6. Trademark infringement
  7. Willfulness

These seven issues are merely the ones identified in the opinion, which suggests other issues were raised, too. “We have carefully considered the remaining issues on appeal…we affirm the district court’s rulings on each of those issues.”

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Posted on January 8, 2013, in Patent, Procedure, Trademark and tagged , , . Bookmark the permalink. Comments Off on Protip: Don’t raise 8 issues on appeal.

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