High court won’t hear inequitable conduct patent feud

Supreme Court acts in firm client’s favor in patent dispute

published in Law360 | January 25, 2010

McAfee & Taft client Dickson Industries Inc. won a key victory in its patent dispute with Patent Enforcement Team LLC (PET) when the Supreme Court denied PET’s request to consider a ruling by the U.S. Court of Appeals for the Federal Circuit, as reported by electronic legal news source Law360.  The Federal Circuit ruling invalidated PET’s patent for road rumble strips but also found that district court rulings prejudiced PET.  The case was remanded for a new trial.

Dickson Industries was represented by intellectual property litigator and McAfee & Taft shareholder John Kenney.  When asked about the denial for a writ of certiorari Kenney responded, “The Supreme Court doesn’t grant very many, and this isn’t one that I felt they would grant.”

According to Law360, “The patent dispute began in 2001 when PET informed several companies that machines used to cut rumble strips might infringe its patent.”  After the case was stayed in 2003 while the U.S. Patent and Trademark Office re-examined the patent, it was reopened in 2006 when the patent was upheld.