Lynn J. Alstadt was quoted in an article titled "Inventors Can Warn Infringing Buyers: Fed. Circ.," published in the April 9, 2008, edition of IP Law360, a publication for IP professionals covering developing stories in litigation, law and policy. Alstadt is a shareholder in the Intellectual Property Section of Buchanan Ingersoll & Rooney PC.
The article discusses the U.S. Court of Appeals for the Federal Circuit's affirmation of the U.S. District Court for the Western District of Pennsylvania's denial of a preliminary injunction request in Judkins v. HT Window Fashion Corp., a patent infringement suit. The court ruled that patent owners have the right to warn customers that products they buy might be infringing on an existing patent. The appeals court said that the district court did not err in denying HT Window Fashion Corp.'s request for a preliminary injunction, which would have barred patent holder Ren Judkins from sending notices to HT's current and prospective customers about their possible infringement of his patent. Although the court ruled in Judkins' favor on the preliminary injunction, it denied the inventor his motion for attorney's fees, ruling that the court would only grant a motion seeking fees when an appeal was "clearly hopeless."
Alstadt, Judkins' attorney, told IP Law360, "The chance of them winning this appeal was exceedingly slim, that's why we filed the motion seeking attorney's fees. We thought we had a pretty good chance of prevailing on the motion, but I'm not surprised with the court's ruling. Although, I think the court should award attorney's fees more often."