Irvine, CA, August 18, 2008 — Knobbe, Martens, Olson & Bear, LLP announced today the issuance of a ruling by the U.S. Court of Appeals for the Federal Circuit in favor of its client, California Expanded Metal Products Company (“CEMCO”).
The ruling came in a case brought by one of CEMCO’s competitors, Brady Construction, accusing CEMCO of patent infringement. The patent related to the construction of interior walls in buildings. Knobbe Martens moved to invalidate the patent immediately after CEMCO was served with the complaint and obtained summary judgment of invalidity in the district court before discovery commenced. The Federal Circuit affirmed the district court’s invalidity ruling. The Federal Circuit held that Brady had improperly broadened its patent in an effort to cover the products of its competitors more than two years after originally obtaining its patent. This, the Federal Circuit explained, was a violation of the Patent Act and resulted in the invalidity of Brady’s patent.