E-Mails Regarding Competitor's Responsibility Not Releasable Under FOIA
Client Alert | less than 1 min read | 03.16.09
In Tybrin Corp. v. USAF (W.D. Ohio Feb. 19, 2009), the district court ruled that e-mails submitted by Tybrin regarding a competitor's responsibility, which ultimately resulted in the exclusion of that competitor, were confidential commercial information under FOIA Exemption 4 and, therefore, not releasable. In doing so, the court relied on Tybrin's practice of treating such e-mails as confidential, not only as to the general public but also within the company, and the fact that Tybrin had a "commercial interest" in the e-mails and so the e-mails were "commercial" information.
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From ‘Second’ to ‘First:’ Federal Circuit Tackles Obvious Claim Errors
Patent claims must be clear and definite, as they set the boundaries of the patentee’s rights. Occasionally, however, claim language contains errors, such as typographical mistakes or incorrect numbering. Courts possess very limited authority to correct such errors. The United States Court of Appeals for the Federal Circuit has emphasized that judicial correction is appropriate only in rare circumstances, where (1) the error is evident from the face of the patent, and (2) the proposed correction is the sole reasonable interpretation in view of the claim language, specification, and prosecution history. See Group One, Ltd. v. Hallmark Cards, Inc., 407 F.3d 1297, 1303 (Fed. Cir. 2005) and Novo Indus., L.P. v. Micro Molds Corp., 350 F.3d 1348, 1357 (Fed. Cir. 2003).
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