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Patents Infringement Claim Construction

McDermott Will & Emery

Prejudgment Interest Can Recover for Acts Prior to Patent Issuance

The US Court of Appeals for the Federal Circuit found that the defendant failed to sufficiently allege any prejudice caused by alleged errors relating to claim construction, and affirmed the district court’s application of...more

McDermott Will & Emery

Federal Circuit Addresses Plethora of Issues in Affirming $19.5 Million Damage Award

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SSL Services, LLC v. Citrix - The U.S. Court of Appeals for the Federal Circuit, in an opinion that broached issues of claim construction, non-infringement, willful infringement, invalidity, the legal implications of a...more

McDermott Will & Emery

Dictionary Definition Dispositive in Claim Construction Dispute - Starhome GmbH v. AT&T Mobility LLC

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Addressing the use of technical dictionaries in claim construction, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment of non-infringement, finding that the district court properly...more

Fenwick & West LLP

The Problem of Patent Glossaries Part I: Ambiguity in Patent Claims and the Nature of Meaning

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What motivates the USPTO to consider the use of glossaries in patent applications is surely the hue and cry that software patents are frequently, if not inherently, vague and ambiguous, and that something must be done to help...more

Foley & Lardner LLP

Federal Circuit Finds Flexibility in Admissibility of Expert Testimony on Infringement

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In MeadWestVaco Corp. v. Rexam Beauty and Closures, Inc., the Federal Circuit upheld the admissibility of expert testimony that was not fully aligned with the district court’s claim construction. In so doing, the court...more

McDermott Will & Emery

IP Update, Vol. 16, No. 9, September 2013

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Patents/Preliminary Injunction: Preliminary Injunction Ordered Based on Appellate Claim Construction Aria Diagnostics, Inc. v. Sequenom, Inc. - Addressing a preliminary injunction filed by a defendant in a...more

Foley & Lardner LLP

Federal Circuit Finds LUNESTA Patent Infringement Based on ANDA Product Description Not Avoided by Other Certifications

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In Sunovion Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc., the Federal Circuit reversed the district’s holding of no Lunesta® patent infringement that was based on a certification submitted to the court, and found...more

Foley & Lardner LLP

Federal Circuit Holds Patentee to Functional Claim Language

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In Bayer Cropscience AG v. Dow AgroSciences LLC, the Federal Circuit upheld the district court’s claim construction that interpreted “2,4-D monooxygenase” in accordance with its established scientific meaning, even though...more

Bracewell LLP

Bad Faith Patent Litigation Is Bad News For Plaintiffs

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Affirming a $1.6 million dollar award for attorney fees against a non-practicing entity (NPE) for pursuing and maintaining patent litigation in bad faith, the Federal Circuit has served notice that patent litigants "must...more

Fenwick & West LLP

Applying Can Openers to Real World Problems: The Failure of Economic Analysis Applied to Software Patents

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A shepherd is tending a huge flock of sheep in a field beside a country road. A man comes walking down the road and approaches the shepherd. "I bet you $100 against one of your sheep that I can tell you the exact number in...more

BakerHostetler

BakerHostetler Patent Watch: Taurus IP, LLC v. DaimlerChrysler Corp.

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While an adverse claim construction generally cannot, alone, form the basis for an exceptional case finding, [a] party cannot assert baseless infringement claims and must continually assess the soundness of pending...more

Perkins Coie

Experts In Patent Cases: Getting The Most Out Of Your Star Witness

Perkins Coie on

In This Issue: - Introduction - Selecting the Right Expert(s) ..The Testifying Expert ..Non-Testifying “Supporting” Experts - Fed. R. Civ. 26 Rules Governing Interactions Between Counsel and Experts ...more

McDermott Will & Emery

IP Update, Vol. 16, No. 5, May 2013

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Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies: Bowman v. Monsanto Co. - In a narrow ruling that reaffirms the scope of patent protection over seeds, and possibly over other...more

Knobbe Martens

The Meaning of Patent Infringement and Patent Litigation

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In This Presentation: Top 10 Q’s & A’s About Patent Litigation: - 1. Can I Infringe a Patent If I Am Not Aware of It? - 2. How Do I Tell Whether a Patent is Infringed? - Novelty/Validity vs. Infringement...more

Foley & Lardner LLP

In Uship Federal Circuit Finds Prosecution History Disclaimer in Arguments Against Restriction Requirement

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In Uship Intellectual Properties, LLC v. United States, the Federal Circuit upheld the claim construction applied by the Court of Federal Claims when it held that the United States and IBM Corporation did not infringe the...more

BakerHostetler

Patent Watch: Forrester Envtl. Servs., Inc. v. Wheelabrator Techs., Inc.

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[P]ermitting state courts to adjudicate disparagement cases (involving alleged false statements about U.S. patent rights) could result in inconsistent judgments between state and federal courts [but] this possibility of...more

Foley & Lardner LLP

Federal Circuit Holds That Patent Indefiniteness Requires Insoluble Ambiguousness

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In Biosig Instruments, Inc. v. Nautilus Inc., the Federal Circuit reversed the district court’s finding that the claims at issue were invalid as indefinite, because the claims were not “insolubly ambiguous.” This case...more

McDermott Will & Emery

IP Update, Vol. 16, No. 4, April 2013

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Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship - Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more

BakerHostetler

Patent Watch: Lazare Kaplan Int'l, Inc. v. Photoscribe Techs., Inc.

BakerHostetler on

On April 19, 2013, in Lazare Kaplan Int'l, Inc. v. Photoscribe Techs., Inc., the U.S. Court of Appeals for the Federal Circuit (Lourie,* Dyk, Reyna) reversed-in-part, vacated-in-part and remanded the district court's summary...more

BakerHostetler

Patent Watch: Aristocrat Techs. Austl. Pty Ltd. v. Int' Game Tech.

BakerHostetler on

On March 13, 2013, in Aristocrat Techs. Austl. Pty Ltd. v. Int' Game Tech., the U.S. Court of Appeals for the Federal Circuit (O'Malley,* Bryson, Linn) affirmed-in-part, vacated-in-part and remanded the district court's...more

Knobbe Martens

10 Things You Should Know About IP Litigation

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1. Can I infringe a patent if I am not aware of it? Yes. Lack of knowledge of a patent or a lack of intent to infringe the patent is not a defense to an allegation of patent infringement. Patent infringement occurs when...more

BakerHostetler

Patent Watch: Hall v. Bed Bath & Beyond, Inc.

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[A] sua sponte dismissal of a complaint "is usually reserved for those cases in which the complaint is so confused, ambiguous, vague, or otherwise unintelligible that its true substance, if any, is well disguised."...more

Knobbe Martens

Federal Circuit Review - Volume 2 | Issue 12 December 2012

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In This Issue: • Indexing Not Required for Online Prior Art Publication • Claim Indefinite for Not Disclosing Any Structure • Aluminum Not Inherently Disclosed - Excerpt from Claim Indexing Not Required...more

McDermott Will & Emery

IP Update, Vol. 15, No. 12, December 2012

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In This Issue: Patents - ..Federal Circuit Rules It’s Own Standards Apply When Considering Preliminary Injunctions ..Preliminary Testing of Medical Devices in Animals Enables Their Use in Humans ...more

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