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Appeals Scope of the Claim

Stikeman Elliott LLP

“Finally Settled”?: Ontario Court of Appeal Considers Scope of Appeal Rights in Domestic Arbitrations

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In Baffinland Iron Mines LP v. Tower-EBC G.P., S.E.N.C., the Ontario Court of Appeal (the “ONCA”) has confirmed that “finally settled” by arbitration means the same thing as “final and binding”, and that both phrases may...more

Knobbe Martens

Limiting Terms in Preamble May Render Entire Preamble Limiting

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BIO-RAD LABORATORIES, INC. v. 10X GENOMICS INC. Before Newman, O’Malley, and Taranto. Appeal from the United States District Court for the District of Delaware. Summary: Where elements of preamble are limiting,...more

Brownstein Hyatt Farber Schreck

Federal Circuit Infers Disavowal, Limiting Scope of Chamberlain Patent

The Federal Circuit has issued another opinion arising from the patent conflict between The Chamberlain Group and Techtronic Industries—and, once again, a patent owned by Chamberlain suffered a major blow. In Techtronic...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

Knobbe Martens

Patentee’s Lexicography Negates Infringement Despite Defendant’s Use of Claim Term in Product Literature

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PLASTIC OMNIUM ADVANCED INNOVATION AND RESEARCH V. DONGHEE AMERICA, INC. Before Reyna, Newman, and Clevenger. Appeal from the U.S. District Court for the District of Delaware. Summary: The patentee’s lexicography of...more

Knobbe Martens

Prosecution History Estoppel Bars Infringement Claim Under Doctrine of Equivalents

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PHARMA TECH SOLUTIONS, INC. v. LIFESCAN, INC. Before Moore, Reyna, and Stoll. Appeal from the United States District Court for the District of Nevada. Summary: Claims for infringement under the doctrine of equivalents...more

Knobbe Martens

Federal Circuit Review - October 2019

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The PTAB Cannot Approve or Deny Certificates of Correction - In Honeywell International, Inc. v. Arkema Inc., Arkema France, Appeal Nos. 2018-1151, -1153, the Patent Trial and Appeal Board (“Board”) does not have the...more

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

PTAB Strategies and Insights - September 2019: Words Matter in a Design Patent

It is important for petitioners and patent owners alike to understand the implications of Curver Luxembourg v. Home Expressions, which relied on prosecution history and the title to limit design patent claim scope....more

Knobbe Martens

Continental Circuits LLC v. Intel Corporation

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Federal Circuit Summaries - Before Lourie, Linn, and Taranto. Appeal from the United States District Court for the District of Arizona. Summary: Reading a process limitation into a product claim is improper where the...more

Knobbe Martens

Advantek Marketing, Inc., v. Shanghai Walk-Long Tools Co.

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Federal Circuit Summary - Before Newman, Clevenger and Chen. Appeal from the United States District Court for the Central District of California. Summary: Prosecution history estoppel does not bar enforcement of a...more

Knobbe Martens

Federal Circuit Review - May 2018

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Priority Claims Cannot Be Incorporated by Reference - In Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals International Limited, Appeal Nos. 2016-2707 and 2016-2708, the Federal Circuit held that when a patent for a...more

Knobbe Martens

Sumitomo Dainippon Pharma Co. v. Emcure Pharmaceuticals

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Before Moore, Mayer, and Stoll. Appeal from the United States District Court for the District of New Jersey. Summary: Plain claim language will not be narrowed based on a patent’s specification unless the patentee clearly...more

Knobbe Martens

Federal Circuit Review - January 2018

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Where Parties Raise an Actual Dispute Regarding Claim Scope, the Court Must Resolve It In Nobelbiz, Inc. v. Global Connect, L.L.C., Appeal Nos. 2016-1104, 2016-1105, the Federal Circuit held that where parties raise an actual...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Clarifies the Requirements for a Teaching Away by the Prior Art

In a precedential opinion issued on October 11, 2017, the United States Court of Appeals for the Federal Circuit reversed the Patent Trial and Appeals Board’s (“PTAB”) finding of non-obviousness where the prior art taught...more

Smart & Biggar

Federal Court of Appeal upholds interlocutory injunction directed at retailers of set-top boxes loaded with copyright-infringing...

Smart & Biggar on

As reported previously, the Federal Court issued an interlocutory injunction on June 1, 2016 directed at retailers of set-top boxes that are configured, or “pre-loaded”, with various applications that provide their users with...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Reiterates That Patent Prosecution Disclaimers Must Be “Clear and Unmistakable”

On March 3, 2017, the United States Court of Appeals for the Federal Circuit reaffirmed, in a precedential opinion, that prosecution disclaimers may only limit the scope of a claim where the disclaimer is “both clear and...more

McDermott Will & Emery

Disavowal of Claim Scope in a Trash Bag Patent

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a district court’s narrow claim construction, finding that the specification and prosecution history of the patent-at-issue contained clear and unequivocal statements...more

McDermott Will & Emery

When Distinguishing Statements May Be Considered Disclaimers of Claim Scope

Addressing disclaimer of claim scope, the US Court of Appeals for the Federal Circuit affirmed the district court’s summary judgment of non-infringement, finding that the patentee clearly and unmistakably disclaimed...more

Knobbe Martens

Federal Circuit Review | October 2015

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Federal Circuit Revives Possibility of Permanent Injunction in Apple-Samsung Patent Dispute - In Apple Inc. v. Samsung Electronics Co., Appeal No. 2014-1802, the Federal Circuit reversed for abuse of discretion the...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - July 2015 #2

California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim - Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,...more

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