Fresh From the Bench: Latest Federal Circuit Court Case
CASE OF THE WEEK
Kyocera Senco Industrial Tools Inc. v. International Trade Commission, Appeal No. 2020-1046, -2050 (Fed. Cir. Jan. 21, 2022)
The Federal Circuit’s only precedential patent decision this week comes on appeal from the International Trade Commission, where an Administrative Law Judge (ALJ) found noninfringement and the Commission reversed. The Federal Circuit addressed the issues of qualifications to provide technical expert testimony, claim construction, and references.
The patents at issue generally related to portable tools that drive staples or nails. In 2017, Kyocera filed a complaint with the Commission alleging Koki’s importation and sale of infringing products was in violation of the Tariff Act of 1930, 19 U.S.C. § 1337.