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A Patent Must Describe What Is Claimed, Not What Infringes

Before Lourie, Prost, and Reyna. Appeal from the U.S. District Court for the District of Delaware. Summary: A patent was not invalid for lack of written description for failing to describe the specific infringing embodiment...more

“Magic Words” Unnecessary in Identifying Field of Endeavor for Analogous Art

NETFLIX, INC. v. DivX, LLC - Before Hughes, Stoll, and Stark.  Appeal from the Patent Trial and Appeal Board. Summary: Petitioner was not required to explicitly identify secondary reference’s “field of endeavor” using...more

Failure to Vacate Adverse Standing Decision Upon Settlement Stops Subsequent Suits

UNILOC USA, INC. v. MOTOROLA MOBILITY LLC - Before Lourie, Dyk, and Hughes.  Appeal from U.S. District Court for the District of Delaware. Summary: Failure to vacate an adverse ruling regarding a lack of standing when...more

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