Xmas Tree Co. Gets Rival’s Win In IP Row Axed At Fed. Circ.

Law360 (September 19, 2019, 7:12 PM EDT) -- Artificial Christmas tree maker Balsam Brands Inc. scored a victory Thursday at the Federal Circuit, which vacated a lower court decision that its rival had not infringed two of its patents and reversed an award of limited attorney fees.

The opinion vacating the California federal court decision remains under seal, but the three-judge panel briefly addressed its reasoning for undoing Chinese tree maker UCP International Company Limited’s win in a second opinion on the fees issue, saying that the lower court had misconstrued a key claim in the case.

The second opinion said that since the court had reversed the noninfringement...

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