Last Month at the Federal Circuit - February 2011

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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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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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