Sensormatic Electronics, LLC v. PHILIP VON KAHLE (Assignee for the benefit of the

NOTE: This disposition is nonprecedential.
United States Court of Appeals for the Federal Circuit
2009-1193
SENSORMATIC ELECTRONICS, LLC,
Plaintiff-Appellee,
v.
PHILIP VON KAHLE (Assignee for the benefit of the creditors of
The Tag Company US, LLC),
Defendant,
and
PHENIX LABEL COMPANY,
Defendant-Appellant,
and
DENNIS GADONNEIX,
Defendant.
Appeal from the United States District Court for the Southern District of
Florida in case no. 06-CV-81105, Judge Daniel T.K. Hurley.
O R D E R
Before BRYSON, LINN, and DYK, Circuit Judges.
PER CURIAM.
The judgment in this case is affirmed. With respect to the inequitable conduct
claim, we uphold the district court’s ruling of no inequitable conduct based on the court’s

-- 1 of 2 --

2009-1193 2
finding that the inventors did not act with the intent to deceive the Patent and Trademark
Office; we do not address the question whether the information that was not disclosed
was material. With respect to the public use issue, we uphold the district court’s
conclusion that the appellant Phenix failed to prove by clear and convincing evidence
that the invention was in public use more than one year before the filing date for the
patent; we do not address the question whether any alleged use of the invention during
the period prior to the filing date of the patent fell within the experimental use exception
to the public use doctrine.
FOR THE COURT
February 17, 2010 /s/ Jan Horbaly
Date Jan Horbaly
Clerk
cc: Mark L. Levine
Robert R. Waters

-- 2 of 2 --