Last Month at the Federal Circuit - February 2011


In this issue: Federal Circuit Remands for Decision on Vacatur Motion; Federal Circuit Rejects 25 Percent Rule of Thumb for Calculating Damages; Single Embodiment Is Sufficient Evidence to Show Commercial Success; Petition to Transfer from the Eastern District of Texas to the Western District of Washington Granted; Award of Attorneys’ Fees Improper Where Proposed Claim Construction Is Not Objectively Baseless; Federal Jurisdiction Proper in a State Law Malpractice Action Where Patent Infringement Is a “Necessary Element” of the State Law Claim; The Fine Line Between Reading a Claim in Light of the Specification and Importing a Limitation from the Specification into the Claim; Federal Circuit Defines “Use” Under § 271(a) for System and Apparatus Claims Involving Multiple Actors; and Court Affirms Finding of Obviousness Where Elements of Claims Are Found in Combination of Prior Art References.

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