News & Analysis as of

Patent Infringement Noninfringement Claim Construction

Alston & Bird

Patent Case Summaries | Week Ending January 24, 2025

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Steuben Foods, Inc. v. Shibuya Hoppmann Corp., et al., No. 2023-1790 (Fed. Cir. (D. Del.) Jan. 24, 2024). Opinion by Moore, joined by Hughes and Cunningham. Steuben sued Shibuya for infringement of three patents relating to...more

WilmerHale

Federal Circuit Patent Watch: Deterrence Sanctions Affirmed for Bad Faith Filings of Meritless Lawsuits

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Precedential and Key Federal Circuit Opinions - 1. CYTIVA BIOPROCESS R&D AB v. JSR CORP. [OPINION] (2023-2074, 12/4/2024) (Prost, Taranto, Hughes) - Prost, J. The Court affirmed the PTAB’s IPR determination that...more

McDermott Will & Emery

Change Between Provisional and Nonprovisional Application Is Lexicography

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The US Court of Appeals for the Federal Circuit affirmed a district court judgment of noninfringement, finding that deleting a portion of a definition between a provisional application and a nonprovisional application was...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - December 2024 #2

DDR Holdings, LLC v. Priceline.com LLC, Appeal Nos. 2023-1176, -1177 (Fed. Cir. Dec. 9, 2024) In our Case of the Week, the Federal Circuit affirmed a stipulated non-infringement judgment from Delaware’s district court,...more

McDermott Will & Emery

I Hear Ya: Claim Terms Not as Narrow as Features in Specification

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The US Court of Appeals for the Federal Circuit vacated a district court’s final judgment of noninfringement, finding that the district court improperly narrowed the constructions of certain claim terms to particular features...more

McDermott Will & Emery

Espresso Yourself: When Prosecution History as a Whole Doesn’t Demonstrate Clear, Unmistakable Disclaimer

The US Court of Appeals for the Federal Circuit reversed and remanded a district court’s claim construction and related summary judgment rulings after determining that the district court erred in construing a claim term by...more

Haug Partners LLP

K-fee System GMBH v. Nespresso USA, Inc. – The Importance of Context in Claim Construction

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The Federal Circuit provided its latest guidance with respect to prosecution disclaimer in K-fee System GMBH v. Nespresso USA, Inc., 2023 WL 8882383, — F.4th — (Fed. Cir. Dec. 26, 2023).  K-fee involved patents covering...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2024

K-Fee System GmbH v. Nespresso USA, Inc., Appeal No. 2022-2042 (Fed. Cir. Dec. 26, 2023) In an appeal from a district court judgment of noninfringement, the Federal Circuit reversed the underlying claim construction...more

WilmerHale

Federal Circuit Patent Watch: Federal Circuit rejects invitation to create a bright-line rule regarding whether numerical ranges...

WilmerHale on

Precedential and Key Federal Circuit Opinions - MALVERN PANALYTICAL INC. v. TA INSTRUMENTS-WATERS LLC [OPINION] (2022-1439, 11/1/2023) (Prost, Hughes, and Cunningham) - Prost, J. The Court vacated the district court’s...more

McDermott Will & Emery

Statements in Unrelated Application Don’t Narrow Claim Term

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The US Court of Appeals for the Federal Circuit vacated a stipulated judgment of noninfringement in a patent infringement dispute after construing a disputed claim term, taking a more literal approach than the district court...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2023 #3

Sequoia Technology, LLC v. Dell, Inc., Appeal Nos. 2021-2263, -2264, -2265, -2266 (Fed. Cir. April 12, 2023) In an appeal from a stipulated judgment of noninfringement and invalidity following an adverse claim construction...more

McDermott Will & Emery

It’s All in the Grammar: “A” Still Means “One or More,” but Single Component Must Perform All Claimed Functions

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The US Court of Appeals for the Federal Circuit affirmed a jury’s noninfringement verdict, finding that the district court correctly interpreted the article “a” and antecedent “said” in the asserted claims to require that a...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis & Trends

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

McDermott Will & Emery

Present-Tense Claim Terms Not Sufficient to Require Actual Operation

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The US Court of Appeals for the Federal Circuit affirmed a US International Trade Commission (Commission) decision that found no violation of Section 337 due to noninfringement. The Court disagreed with the Commission that...more

WilmerHale

Federal Circuit Patent Watch - April 2022

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Precedential Federal Circuit Opinions - ROCHE DIAGNOSTICS CORPORATION v. MESO SCALE DIAGNOSTICS, LLC [OPINION]  (2021-1609, 2021-1633, April 8, 2022) (NEWMAN, PROST, and TARANTO) - Prost, J.  Affirming in part and...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2022 #2

Littelfuse, Inc. v. Mersen USA EP Corp., Appeal No. 2021-2013 (Fed. Cir. Apr. 4, 2022)‎ - Our Case of the Week focuses on the issue of claim construction, and, more specifically, the doctrine ‎of claim differentiation....more

McDermott Will & Emery

Game Reset: Extrinsic Evidence Can’t Limit Claim Scope Beyond Scope Based on Unambiguous Intrinsic Evidence

The US Court of Appeals for the Federal Circuit reversed a district court’s grant of summary judgment of noninfringement after concluding that the district court erred by relying on expert testimony to construe a claim term...more

Robins Kaplan LLP

Horizon Medicines LLC v. Alkem Labs. Ltd. (UPDATED)

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Case Name: Horizon Medicines LLC v. Alkem Labs. Ltd., No. 2021-1480, 2021 WL 5315424 (Fed. Cir. Nov. 16, 2021) (Circuit Judges Dyk, O’Malley, and Hughes presiding; Opinion by Dyk, J.) (Appeal from D. Del., Andrews, J.)...more

WilmerHale

Federal Circuit Patent Watch: Use of ‘a’ vs. ‘the’ in claims

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Precedential Federal Circuit Opinions EVOLUSION CONCEPTS, INC. v. HOC EVENTS, INC. [OPINION]  (2021-1963, 1/14/22) (Prost, Taranto, Chen) - Taranto, J.  Reversing summary judgment of noninfringement for patent related to...more

McDermott Will & Emery

Means-Plus-Function Claims: Don’t Forget the “Way”

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The US Court of Appeals for the Federal Circuit affirmed a lower court’s findings of noninfringement, in part because the plaintiff had failed to prove the “way” element of the function-way-result test for a first...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2021 #3

Mobility Workx, LLC v. Unified Patents, LLC, Appeal No. 2020-1441 (Fed. Cir. Oct. 13, 2021) - In this week’s Case of the Week, a panel of the Court of Appeals for the Federal Circuit considered, and rejected, new...more

McDermott Will & Emery

Failing to Address All Reasons for Noninfringement Renders Appeal Moot

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In deciding whether the district court correctly interpreted various claim terms in four patents related to communication techniques used in computer gaming technology, the US Court of Appeals for the Federal Circuit found...more

Fox Rothschild LLP

Judge Stark Grants Defendants’ Motion For Summary Judgment Of Noninfringement Of The Asserted Patent Claims

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By Memorandum Order entered by the Honorable Leonard P. Stark in Baker v. Alpha Consolidated Holdings, Inc. et al., Civil Action No. 18-976-LPS (D.Del. September 17, 2021), the Court granted the combined motion for summary...more

Mintz - Intellectual Property Viewpoints

Best Practices for Clearances and Opinions

Last week, Mintz Member Lisa Adams moderated a panel discussion between in-house attorneys that covered best practices for conducting patent clearances and obtaining non-infringement and invalidity opinions. The panel...more

McDermott Will & Emery

Doctrine of Equivalents Analysis Should Not Be Simple Binary Comparison

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The US Court of Appeals for the Federal Circuit remanded a district court’s claim construction and grant of a defendant’s summary judgment motion of non-infringement under the doctrine of equivalents, finding that a...more

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