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A General Warning Against Infringement Is Not Actual Notice of Infringement

LUBBY HOLDINGS LLC v. CHUNG - Before Dyk, Newman, and Wallach. Appeal from the Central District of California. Summary: Specific charges of infringement by a specific accused product are required to provide actual...more

Federal Circuit Rejects Claim Construction That Contradicts Dependent Claims

BAXALTA INC. V. GENENTECH, INC. Before Moore, Plager, and Wallach. Appeal from the District of Delaware Summary: A district court erred by interpreting a specification’s description of an “antibody” as a definition,...more

Inventor Removed From Patent May Be Restored Due to Claim Construction

EGENERA, INC. v. CISCO SYSTEMS, INC. Before Prost, Stoll, and Reyna. Appeal from the United States District Court for the District of Massachusetts. Summary: A patentee that successfully petitioned to correct a patent’s...more

Non-Expert Testimony on Obviousness Is Inadmissible

HVLPO2, LLC v. OXYGEN FROG, LLC - Before Newman, Moore, and Chen. Appeal from the United States District Court for the Northern District of Florida. Summary: It is an abuse of discretion to permit a witness to testify...more

Copying May Show Nonobviousness Even If No Specific Product Is Copied

LIQWD, INC. v. L'OREAL USA, INC. Before Reyna, Hughes, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Evidence of copying was relevant to nonobviousness even though the copied feature came from...more

A District Court May Not Ignore a Claim Construction Dispute Raised During a Section 101 Challenge

MYMAIL, LTD. v. OOVOO, LLC - Before Lourie, O’Malley and Reyna. Appeal from the United States District Court for the Northern District of California. Summary: If the parties litigating a § 101 challenge at the pleading...more

Amended Complaint May Relate Back to Original Complaint Despite Asserting Different Patents

ANZA TECHNOLOGY, INC. v. MUSHKIN, INC. Before Prost, Newman, and Bryson. Appeal from the United States District Court for the District of Colorado. Summary: Patent infringement claims in an amended complaint may relate...more

Federal Circuit Rejects Written Description Analysis That Ignored Relevant Factors

IN RE: GLOBAL IP HOLDINGS LLC - Before Moore, Reyna, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Written description support for a claimed genus depends on the criticality or importance of the...more

Recent Federal Circuit Decisions Emphasize Effect of Factual Questions on Patent Eligibility

In two recent cases, the Federal Circuit addressed the role of factual questions in resolving patent eligibility under 35 U.S.C. § 101. The first case was Berkheimer v. HP Inc. and the second was Aatrix Software v. Green...more

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