AEVOE Corp. v. AE Tech Co., Ltd., No. 12-1422 (Fed. Cir. 2013)
Annotate this CaseAevoe’s patent is directed to a touch screen protector for electronic devices, consisting of plastic film and a spacer that can be attached and removed without trapping air bubbles or dust. The spacer, sized to fit a particular device and having an adhesive for attachment and removal, surrounds the thin plastic film and is thick enough that the film does not make direct contact with the screen, but thin enough that a user can make contact with the touch screen by pressing the film. Aevoe sued, alleging that AE’s touch screen products infringed the patent. Despite receiving notice of restraining and show cause orders, AE did not respond. The district court issued a preliminary injunction. AE moved to reconsider and vacate, arguing that the patent was invalid. The court amended the injunction to omit “trademark language.” AE did not appeal. Aevoe subsequently filed an amended complaint, claiming that S&F sold infringing products obtained from AE and requested that both AE and S&F be held in contempt. After examining a redesigned AE product, the court found that added channels were a nonfunctional and trivial attempt to design around the patent and held all defendants in contempt. The Federal Circuit dismissed an appeal as untimely; amendment of the injunction was a mere clarification and did not substantially change the legal relationship between the parties.
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