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“Outer surface” cannot encompass interior surface based on statements made in prosecution history

The Federal Circuit yesterday reversed a district court's claim construction and its corresponding determination of literal infringement. The court found that the prosecution history of the patents negated the district court's claim construction, and that, properly construed, there could be no literal infringement.The term at issue was the "outer surface" of a drive collar. The […]

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Infringement and royalty rate affirmed; dismissal of willful infringement claim reversed

In a recent decision, the Federal Circuit affirmed-in part a district court's grant of summary judgment of infringement of a patent, finding that the claims were properly held to include measuring devices that either directly or indirectly compare two signals to determine the proper measurement. The court reversed-in part the district court's damages award. The […]

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Government recommends Supreme Court hear patent exhaustion case

In a filing on August 24 (that got put on the back burner with the hubbub about the new continuation and claim limit rules), the government has recommended that the Supreme Court grant certiorari in Quanta Computer, Inc. v. LG Electronics, Inc. (No. 06-937). Detail about the Federal Circuit's decision may be found in this […]

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Federal Circuit affirms finding of no anticipation or obviousness, no mention of KSR to be found

The Federal Circuit yesterday affirmed a decision by the District Court for the District of Delaware upholding the validity of Reissue Patent 34,712 ("the '712 patent") and the injunction preventing infringement of the '712 patent. Specifically, the court affirmed the district court's decision that the prior art reference relied upon for the defendants' anticipation argument […]

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Tenth Circuit: First Amendment analysis required when public domain works “restored” to copyright

In an important copyright decision posted today (but apparently filed yesterday), the Tenth Circuit addressed the First Amendment implications of the "restoration" of public domain works to copyright protection as a result of the Uruguay Round Agreement Act (URAA). The URAA implemented Article 18 of the Berne Convention, which brought works back under copyright that […]

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Third Circuit: Patentee’s intentional falsehood to standards body can support antitrust claim

Maybe it's time for Qualcomm to rethink how it approaches standard-setting organizations. In a decision today, the Third Circuit reversed in part a district court's dismissal of rival Broadcom's antitrust claims, finding that Broadcom had adequately pleaded actions by Qualcomm that, if true, would constitute an antitrust violation. The facts of the case are similar […]

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Patent Prosecution Highway pilot program opens between USPTO and UK Intellectual Property Office

In a press release today, the USPTO announced an extension of its pilot Patent Prosecution Highway program to include the UK Intellectual Property Office. Under the program, an applicant who receives notice from either the USPTO or the UK IPO that at least one claim is allowable in its application may request expedited consideration of […]

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Patent Office Professional Association comes out against Patent Reform Act of 2007

Support for the Patent Reform Act of 2007 (S. 1145, H.R. 1908) continues to erode. Now, as reported on the Patent Prospector, POPA, the Patent Office Professional Association, has penned an open letter against the Act. The letter, entitled "The Patent Reform Act Will Hurt, Not Help, the U.S. Patent System," is interesting for several […]

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