News & Analysis as of

Doctrine of Equivalents Claim Construction

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - Ottah v. Fiat Chrysler, Appeal No. 2017-1842 (March 7, 2018) - In Ottah v. Fiat Chrysler, the Federal Circuit affirmed a district court’s grant of summary judgment of non-infringement as to...more

Patent Infringement Claims Simply Require Alleging Facts Stating a Plausible Claim

by Harris Beach PLLC on

The United States Court of Appeals for the Federal Circuit (“Federal Circuit”) addressed the pleading standards for direct infringement, doctrine of equivalents infringement, indirect infringement and willful infringement in...more

2017 and Early 2018 Supreme Court and Precedential Patent Cases From the Federal Circuit

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Doctrine of Equivalents under Enzo Biochem Inc. v. Applera Corp.

by Knobbe Martens on

Before Prost, O’Malley, and Wallach. Appeal from the District of Connecticut (nonprecedential). On August 2, 2017, the Federal Circuit affirmed a decision by the U.S. District Court for the District of Connecticut granting...more

Summaries of All Supreme Court and Precedential Federal Circuit Patent Cases Decided Since Jun. 1, 2016

This paper is based on reports on precedential patent cases decided by the Federal Circuit distributed by Peter Heuser on a weekly basis. Please see full publication below for more information....more

Recent Developments In Patent Law May 17, 2017

Update to TC Heartland LLC v. Kraft Foods Group Brands LLC, Case No. 16-341 (May 22, 2017) - In an 8-0 opinion written by Justice Thomas (Justice Gorsuch did not participate), the Supreme Court rules that a defendant...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Mylan v. Aurobindo the Circuit affirms the grant of a preliminary injunction based upon the infringement of one of the three patents in suit. However, the panel reverses the injunction as to the other two patents based on...more

Federal Circuit Review | January 2017

by Knobbe Martens on

PTAB’s Final Written Decision in IPR Must Explain Its Basis for a Motivation to Combine References - In In Re: Nuvasive, Inc., Appeal No. 2015-1670, the Federal Circuit vacated the PTAB’s obviousness finding in an IPR,...more

Look to Specification to Interpret Facially Unclear Claims

by McDermott Will & Emery on

Addressing claim construction issues, the US Court of Appeals for the Federal Circuit reiterated the necessity of reading claims in the context of the written description when they are not clear on their face. Howmedica...more

Federal Circuit Patent Updates - May 2016

by WilmerHale on

Ruckus Wireless, Inc. v. Innovative Wireless Solutions (No. 2015-1425, 1438, 5/31/16) (Prost, Reyna, Stark) - May 31, 2016 3:11 PM - Reyna, J. Affirming summary judgment of non-infringement of patents based on...more

Consistent Usage and Disclaimer in Intrinsic Record Trump Anything in Extrinsic Record

In David Netzer Consulting Engineer LLC, v. Shell Oil Company, [2015-2086] (May 27, 2016), the Federal Circuit affirmed summary judgment of non-infringement of U.S. Patent 6,677,496 on a process for the coproduction of...more

Unless Defined Beyond Ordinary Meaning, Narrow Terms Are Bounded by Their Ordinary Meaning - Advanced Steel Recovery, LLC v....

by McDermott Will & Emery on

Addressing claim construction issues, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment ruling, finding that the district court properly construed the disputed claim limitation...more

Magistrate’s Recommendations On Validity And Noninfringement Are Adopted

by Morris James LLP on

Impulse Technology Ltd. v. Microsoft Corporation, et al., C.A. No 11-586 – RGA, September 22, 2015. Andrews, J. Magistrate’s Reports and Recommendations regarding denial of summary judgment of invalidity is adopted and...more

Opportunity for Equivalents in Claim Amendments

by Womble Bond Dickinson on

It is commonly held that the doctrine of equivalents is lost when claim amendments are made during patent prosecution. That is, any claim amendment that is made during patent prosecution surrenders or gives up elements which...more

Federal Circuit Review | April 2015

by Knobbe Martens on

No Recovery Of Lost Profits From Related Companies’ Activities - In WARSAW ORTHOPEDIC, INC. v. NUVASIVE, INC., Appeal Nos. 2013-1576, -1577, the Federal Circuit held that a company was not entitled to lost profits based...more

Federal Circuit Review - Volume 2 | Issue 12 December 2012

by Knobbe Martens on

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

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