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Article: The District Court Improperly Read Into The Claims A Limitation Not Required By The Intrinsic Evidence And Improperly Concluded That Expeditious Effort To Terminate Infringing Activities Excused Liability For Infringement.(DSW, Inc. v. Shoe Pavilion, Inc.)(Case overview)
- Article from:
- Mondaq Business Briefing
- Article date:
- September 30, 2008
- Author:
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Judges: Mayer (author), Schall, Linn
[Appealed from C.D. Cal., Judge Cooper]
In DSW, Inc. v. Shoe Pavilion, Inc., No. 08-1085 (Fed. Cir. Aug. 19, 2008), the Federal Circuit vacated the district court's grant of SJ of no infringement, finding that the district court erred in construing the claims, and remanded. The Court also vacated the district court's grant of SJ with respect to damages, finding that the district court erred in concluding that an accused infringer's reasonable and good-faith efforts to bring its infringing activity to a timely end after notice equated to an immediate cessation that excused liability for infringement.
DSW, ...