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Appeals Definiteness

Freiberger Haber LLP

Second Department Holds That Material Term of Contract For Sale of Real Property (i.e., the Property Description) Was Too...

Freiberger Haber LLP on

This BLOG has written numerous times on issues related to contract formation. See, e.g., [here], [here], [here], [here] and [here]. Briefly stated, “[t]o create a binding contract, there must be a manifestation of mutual...more

Fenwick & West LLP

Federal Circuit Confirms That “Magnetic Fuzz” Is Too Fuzzy for a Patent Claim

Fenwick & West LLP on

On September 15, 2020, the U.S. Court of Appeals for the Federal Circuit, in IQASR v. Wendt, found that a district court did not err in its scrutiny of the extrinsic and intrinsic evidence presented to find U.S. Patent No....more

Mintz - Intellectual Property Viewpoints

Means-Plus-Function Structure – Can be it Incorporated by Reference?

In its recent decision, Fiber, LLC. v. Ciena Corp., No. 2019-1005 (Fed. Cir. Nov. 21, 2019), the Court of Appeals for the Federal Circuit (Federal Circuit) issued a reminder that the structure necessary to satisfy the...more

McDermott Will & Emery

Definiteness, Drug Labels and Diclofenac, Oh My

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court’s invalidity and infringement judgments for patents directed to a topical nonsteroidal anti-inflammatory drug, finding that a patent claim reciting a...more

WilmerHale

Federal Circuit Patent Updates - August 2018

WilmerHale on

Ericsson Inc. v. Intellectual Ventures I LLC (No. 2017-1521, 8/27/18) (Reyna, Taranto, Chen) Reyna, J. - Vacating and remanding the PTAB’s IPR decision because the PTAB erred in not considering portions of the petitioner’s...more

Knobbe Martens

In Re Maatita

Knobbe Martens on

Federal Circuit Summary - Before Dyk, Reyna, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: A two-dimensional drawing of a three-dimensional object may meet the enablement and definiteness...more

Locke Lord LLP

Locke Lord QuickStudy: Means-Plus-Function Software Claims - Always, Always, (Almost) Always Disclose an Algorithm

Locke Lord LLP on

On May 6, 2015, the Court of Appeals for the Federal Circuit issued its decision in EON Corp. IP Holdings LLC v. AT&T Mobility LLC, 2014-1393, clarifying that for meeting the definiteness requirement of claims, a general...more

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