Quimbee logo
DMCA.com Protection Status

Fleming v. Escort, Inc.

774 F.3d 1371 (2014)

Case BriefRelatedOptions
From our private database of 34,000+ case briefs...

Fleming v. Escort, Inc.

United States Court of Appeals for the Federal Circuit

774 F.3d 1371 (2014)

Facts

Hoyt Fleming (plaintiff) owned two patents claiming radar detectors incorporating GPS units to detect police. The patents claimed priority to an application filed in April 1999. In 2009, Fleming sued Escort, Inc. (Escort) (defendant) for infringement of the two patents. Escort defended by alleging prior invention by one of its consultants, Steven Orr. Orr testified that he conceived his invention in 1988 and worked on it from then until he reduced it to practice in 1996 for a company that went bankrupt in 1997. Escort acquired the bankrupted company’s assets in the summer of 1997, including potential patent rights to Orr’s invention. Orr went to work for another company for 13 months after the bankruptcy but was giving information to Escort to help it develop a radar-detection business. Escort hired Orr in 1998, where he continued to work on the invention as indicated by timesheets from July 1998 to July 1999, when he filed his own patent application. To support its claim of prior invention, Escort offered Orr’s testimony, his research notes, and correspondence regarding the invention and seeking a patent for it, all before Fleming’s priority date. A jury found Escort infringed most of Fleming’s claims but invalidated five of them as anticipated by the prior invention of Orr, among other grounds. The district court upheld the jury’s verdict on summary judgment.

Rule of Law

Issue

Holding and Reasoning (Taranto, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 607,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 607,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 34,000 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership