Expert testimony [may be] required not only to explain what the prior art references disclosed, but also to show that a person skilled in the art would have been motivated to combine them in order to achieve the claimed...more
5/22/2013
- Expert Testimony Obviousness Patents Prior Art Rule 37
"[T]he same claim term can have different constructions depending upon the context of how the term is used within the claims and specification."...more
5/22/2013
- Contract Interpretation Patents
The "Commission is fundamentally a trade forum, not an intellectual property forum" [and] litigation expenses directed at preventing, instead of encouraging manufacture of, articles incorporating patented technology does not...more
5/15/2013
- Domestic Industry Requirement ITC Patents
On May 7, 2013, in Baron Servs., Inc. v. Media Weather Innovations, LLC, the U.S. Court of Appeals for the Federal Circuit (Dyk, Reyna, Prost*) vacated and remanded the district court's summary judgment that MWI did not...more
5/9/2013
- Discovery Infringement Patents Summary Judgment
On April 26, 2013, in Biosig Instruments, Inc. v. Nautilus, Inc., the U.S. Court of Appeals for the Federal Circuit (Newman, Schall, Wallach*) reversed and remanded the district court's summary judgment that U.S. Patent No....more
4/29/2013
- Claim Construction Indefiniteness Medical Devices Patents
On April 19, 2013, in Lazare Kaplan Int'l, Inc. v. Photoscribe Techs., Inc., the U.S. Court of Appeals for the Federal Circuit (Lourie,* Dyk, Reyna) reversed-in-part, vacated-in-part and remanded the district court's summary...more
4/23/2013
- Claim Construction Infringement Patent Validity Patents USPTO
On April 16, 2013, in Bayer Schering Pharma AG v. Watson Pharm., Inc., the U.S. Court of Appeals for the Federal Circuit (Lourie,* Schall, Prost) reversed the district court's summary judgment that U.S. Reissue Patent No....more
4/19/2013
- Bayer Patents Pharmaceutical Prescription Drugs Prior Art
On April 4, 2013, in Saffran v. Johnson & Johnson, the U.S. Court of Appeals for the Federal Circuit (Lourie,* Moore, O'Malley) reversed the district court's judgment that Johnson & Johnson and Cordis Corp. infringed U.S....more
4/10/2013
- Disclaimers Infringement Medical Devices Patents Prior Art
On March 26, 2013, in Power Integrations, Inc. v. Fairchild Semiconductor Int'l, Inc., the U.S. Court of Appeals for the Federal Circuit (Lourie, O'Malley, Reyna*) affirmed-in-part, reversed-in-part, vacated-in-part and...more
3/29/2013
- Damages Infringement Mobile Devices Patents
On March 26, 2013, in In re Owens, the U.S. Court of Appeals for the Federal Circuit (Prost,* Moore, Wallach) affirmed the USPTO Board of Patent Appeals and Interferences decision upholding the patent examiner's rejection of...more
3/29/2013
On March 25, 2013, in Dawson v. Dawson, the U.S. Court of Appeals for the Federal Circuit (Reyna, Bryson,* Wallach) affirmed the USPTO Board of Patent Appeals and Interferences decision that awarded priority of invention to...more
3/27/2013
