Single Difference in Fishing Lure Design Supports Summary Judgment of Non-Infringement
1. Effect of Notice of Intent to Issue a Reexamination Certificate on Non-Infringement Decision. Be careful of the effect a reexamination may have on a later infringement action. Here, the District Court incorporates the rationale and conclusions in the Notice of Intent to Issue Ex Parte Reexamination Certificate (Reexamination) into its reasoning