Legal Opinion · Concurrence

Landmark Screens, LLC v. Morgan, Lewis, & Bockius, LLP

Court of Appeals for the Federal Circuit

Decided April 23, 2012No. 2011-1297Published

1ConcurrenceO’Malley, Circuit Judge

I concur in full in parts I, III, and IV of the majority opinion. I also concur in the result in part V, but not in the entirety of its reasoning. Finally, while I must concur in the result in part II, I write separately because I believe the case law upon which part II is premised should be reconsidered by the Court en banc.

I

I will not repeat or further comment on the careful analysis in parts I, III, and IV of the majority opinion. I simply note my agreement with them.

II

I agree with the conclusion in part V that the Damages Order must be vacated. I also agree that one of the reasons that…

2Cases cited9 opinions

  1. Cybor Corporation v. Fas Technologies, Inc., and Fastar Ltd., Defendants-CrossCourt of Appeals for the Federal Circuit · 1998
  2. Air Measurement Technologies, Inc. v. Akin Gump Strauss Hauer & Feld, L.L.P.Court of Appeals for the Federal Circuit · 2007
  3. IMMUNOCEPT, LLC v. Fulbright & Jaworski, LLPCourt of Appeals for the Federal Circuit · 2007
  4. New Tek Manufacturing, Inc. v. BeehnerNebraska Supreme Court · 2005
  5. Byrne v. Wood, Herron & Evans, LLPCourt of Appeals for the Federal Circuit · 2012

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