Gyory v. Reebok (Fed. Cir. 2005) (UNPUBLISHED).
Gyory filed suit against Reebok for infringement damages on a patent that had expired in 1996. The district court dismissed for failure to state a claim. The Federal Circuit Affirmed:
Because "no recovery shall be had for any infringement committed more than six years prior to the filing of the complaint," 35 U.S.C. § 286, and because an act must be performed "during the term of the patent" to constitute an act of infringement, 35 U.S.C. § 271(a), Györy cannot recover and his complaint was properly dismissed for failure to state a claim.
In what appears to be a generous gesture, the court declined to award attorneys fees to Reebok.
Notes:
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Seasoned IP litigator Phil Mann, gives us his well reasoned take on the issue: "Mr. Gyory got very lucky on this one."