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Intrinsic Evidence Trumps Plain and Ordinary Meaning

ASTRAZENECA AB v. MYLAN PHARMACEUTICALS INC. Before:  Taranto, Hughes, and Stoll - Summary: For purposes of claim construction, intrinsic evidence can trump the plain and ordinary meaning of scientific conventions such...more

Twisting a Nose of Wax While Splitting Hairs

COMMSCOPE TECHNOLOGIES LLC v. DALI WIRELESS INC. Before Stoll, Reyna, and Schall. Appeal from U.S. District Court for the Northern District of Texas. Summary: When a party distinguishes technology in the prior art to...more

The Definition of “Half-Liquid” Is Only Half Baked

IBSA INSTITUT BIOCHIMIQUE, S.A. V. TEVA PHARMACEUTICALS USA, INC. Before Prost, Reyna, and Hughes. Appeal from the District Court of Delaware - Summary: A term may be indefinite when the proposed construction is not...more

PTAB Cannot Shortcut the Two-Step Obviousness Analysis

FITBIT, INC. v. VALENCELL, INC. Before Newman, Dyk, and Reyna. Appeal from Patent Trial and Appeal Board. Summary: Notwithstanding its rejection of the Petitioner’s proposed claim construction, the PTAB may not end an...more

Ignoring Antecedent Basis in the Claim Results in Reversal of Patentability Determination

Technical Consumer Prods., Inc. v. Lighting Science Grp Corp. Before Dyk, Chen, and Stoll; Appeal from the P.T.A.B. Summary: A term with a narrow antecedent basis in an open ended claim may allow a wider range of prior...more

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

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

Duncan Parking Technologies v. IPS Group, Inc.

Federal Circuit Summary - Before Lourie, Dyk and Taranto. Consolidated Appeals from the Patent Trial and Appeal Board and the Southern District of California. Summary: A person is a joint inventor of the anticipating...more

Spineology, Inc., v. Wright Medical Technology Inc.

Federal Circuit Summary - Before Prost, Dyk and Moore. Appeal from the United States District Court for the District of Minnesota. Summary: A party’s continued, but ultimately unsuccessful, pursuit of a claim...more

Hamilton Beach Brands, Inc. v. F'Real Foods, LLC

Federal Circuit Summary - Before Reyna, Wallach, and Taranto. Appeal from the Patent Trial and Appeal Board. Summary: A party must file a cross-appeal when their argument requires modification of a decision. Under the...more

Blackbird Tech LLC v. ELB Electronics, Inc.

Federal Circuit Summary - Before Prost, Moore and Reyna. Appeal from the District Court of Delaware. Summary: A limitation in the specification should not be imported into a claim when there is no evidence that the...more

Ottah v. Fiat Chrysler

Federal Circuit Summaries - Before Newman, Hughes, and Stoll. Appeal from U.S. District Court for the Southern District of New York. Summary: General disclosures in the specification and statements that describe the...more

Polaris Industries, Inc. v. Arctic Cat, Inc.

Federal Circuit Summaries - Before Lourie, O’Malley, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: Evaluation of “teaching away” requires consideration of whether a reference “criticize[s],...more

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