Intellectual Property Litigation - Highlights Article

Jerry King, Teresa Cauwels and Tom Stahl prevailed for the second time in the United States Court of Appeals for the Federal Circuit for clients Applied Concepts, Inc., and John Aker. Plaintiff Kustom Signals, Inc., originally filed suit seeking over $13,000,000 in damages for patent infringement. The firm obtained summary judgment, which the Federal Circuit affirmed. Plaintiffs sought rehearing in the Federal Circuit and certiorari to the United States Supreme Court. Both were denied. Subsequently, Kustom filed a motion for relief from the judgment based upon the United States Supreme’s Court Festo decision. The district court denied Kustom’s motion, and Kustom appealed to the Federal Circuit. After oral argument, the Federal Circuit summarily affirmed.