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Appeals Reversal Claim Construction

Bradley Arant Boult Cummings LLP

Preliminary Injunction Halts Sales of Tumor-Informed Cancer Screening Test

Late last week in Natera, Inc. v. NeoGenomics Laboratories, Inc. (24-1324), the Federal Circuit affirmed a preliminary injunction ruling from the lower court that mostly prohibits NeoGenomics from selling its oncology test...more

McDermott Will & Emery

That’s So Metal: Narrow Limitation Doesn’t Contradict Broader One

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The US Court of Appeals for the Federal Circuit reversed a district court’s indefiniteness determination, finding that two claim limitations – one broad and one narrow – were not contradictory since it was possible to meet...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2024 #2

Pfizer Inc. v. Sanofi Pasteur Inc., Appeal Nos. 2019-1871, -1873, -1875, -1876, -2224 (Fed. Cir. Mar. 5, 2024) This week’s Case of the Week mostly resolves an appeal filed five years ago, following decisions from the...more

McDermott Will & Emery

Espresso Yourself: When Prosecution History as a Whole Doesn’t Demonstrate Clear, Unmistakable Disclaimer

The US Court of Appeals for the Federal Circuit reversed and remanded a district court’s claim construction and related summary judgment rulings after determining that the district court erred in construing a claim term by...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2023 #3

Sequoia Technology, LLC v. Dell, Inc., Appeal Nos. 2021-2263, -2264, -2265, -2266 (Fed. Cir. April 12, 2023) In an appeal from a stipulated judgment of noninfringement and invalidity following an adverse claim construction...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis & Trends

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - December 2022 #4

Mosaic Brands, Inc. v. Ridge Wallet LLC, Appeal Nos. 2022-1001, -1002 (Fed. Cir. Dec. 20, 2022) - In our Case of the Week, the Federal Circuit discussed the corroboration requirement concerning the amount of evidence...more

McDermott Will & Emery

Construing the Construction: Federal Circuit Chips Away at IPR Win

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Addressing claim construction issues in inter partes review (IPR) proceedings before the Patent Trial & Appeal Board (Board), the US Court of Appeals for the Federal Circuit affirmed an obviousness finding as to some claims...more

McDermott Will & Emery

Claim Construction and Jurisdictional Discovery Are More Than Skin Deep

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Referencing the use of antecedents from a “wherein” clause, the US Court of Appeals for the Federal Circuit reversed a district court’s claim construction and vacated its summary judgment ruling of indefiniteness that relied...more

McDermott Will & Emery

Use of Negative Claim Construction is Unsound

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The US Court of Appeals for the Federal Circuit vacated a district court’s noninfringement decision that was based on a negative claim construction and remanded with instructions for the district court to determine what...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2022

Sunoco Partners Marketing & Terminals L.P. v. U.S. Venture, Inc., Appeal Nos. 2020-1640, -1641 (Fed. Cir. Apr. 29, 2022) - Our case of the week has a little bit for everyone, including lost profits, reasonable royalties,...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2022 #2

Littelfuse, Inc. v. Mersen USA EP Corp., Appeal No. 2021-2013 (Fed. Cir. Apr. 4, 2022)‎ - Our Case of the Week focuses on the issue of claim construction, and, more specifically, the doctrine ‎of claim differentiation....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Reverses Rifle Patent Interpretation That Missed the Mark

On January 14, in Evolusion Concepts, Inc. v. HOC Events, Inc. (consolidated with Evolusion Concepts, Inc. v. Juggernaut Tactical, Inc.), the Federal Circuit emphasized that claim terms should be given their ordinary meaning...more

McDermott Will & Emery

Magazine Reload: Claim Construction Error Requires Reversal and Remand

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The US Court of Appeals for the Federal Circuit reversed a district court’s summary judgment ruling based on a claim construction error because nothing in the claims or specification of the asserted patent supported the...more

Haug Partners LLP

Federal Circuit Clarifies Prior Decision on Limiting Claim Preambles

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On August 3, 2020, in Bio-Rad Labs., Inc. v. 10X Genomics, Inc., the Federal Circuit clarified its decision in TomTom v. Adolph regarding limiting claim preambles, holding that the preamble of the claim at issue could not be...more

McDermott Will & Emery

Stated Purpose More Decisive than Definition in Construing Claims

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The US Court of Appeals for the Federal Circuit reversed a Patent Trial and Appeal Board (PTAB) obviousness decision, finding the decision was infected by an erroneous claim construction that failed to consider the purpose of...more

McDermott Will & Emery

Travel Trailer Pulls Patent Around Prior Art

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In an appeal stemming from the denial of a patent application under § 102(b), the US Court of Appeals for the Federal Circuit reversed the Patent Trial and Appeal Board (PTAB) by holding that the claims’ preambles were claim...more

Knobbe Martens

Specification’s Narrow Description of the Invention Results in Disavowal of Claim Scope

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TECHTRONIC INDUSTRIES CO. LTD. v. ITC - Before Lourie, Dyk, and Wallach. Appeal from the U.S. International Trade Commission. Summary: Consistent description in the specification of a particular embodiment as the...more

McDermott Will & Emery

Broad Genus of HCV Compounds Wasn’t Enabled or Described

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In a case relating to compounds for the treatment of the Hepatitis C virus (HCV), the US Court of Appeals for the Federal Circuit upheld a district court’s grant of judgment as a matter of law (JMOL) for lack of enablement...more

Knobbe Martens

Federal Circuit Review - June 2019

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One-year Clock for Filing IPR Petition Applies to Litigants and Parties that Become Privies of the Litigant Prior to Institution. In Power Integrations, Inc v. Semiconductor Components, Appeal No. 2018-1607, the Federal...more

Knobbe Martens

Federal Circuit Review - April 2019

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Just Because Something May Result From a Prior Art Teaching Does Not Make it Inherent in that Teaching - In Personal Web Technologies, LLC v. Apple, Inc., Appeal No. 2018-1599, the Federal Circuit clarified that the mere...more

Knobbe Martens

TEK Global, S.R.L. v. Sealant Systems International

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Federal Circuit Summary - Before Prost, Dyk, and Wallach. Appeal from the United States District Court for the Northern District of California. Summary: When the Federal Circuit holds that a combination of references...more

Knobbe Martens

Natural Alternatives International, Inc. v. Creative Compounds, LLC.: Dietary Supplement Containing A Natural Product Incorporated...

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In Natural Alternatives International, Inc. v. Creative Compounds, LLC., Appeal No. 2018-1295, a divided panel of the Federal Circuit reversed and remanded a decision by the District Court for the Southern District of...more

Knobbe Martens

Arctic Cat Inc. v. GEP Power Products, Inc.

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Federal Circuit Summary - Before Prost, Reyna, Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Where the preamble of a claim merely identifies an intended use and does not impose a structural...more

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