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Category: Claim differentiation


Court-Mandated Claim Limitation: The Complexity of Simplification
June 02, 2016
Post by Blog Staff
Patent cases often present many complex issues because a given case can feature a patent portfolio where each patent within the portfolio has a high number of litigable claims. Parties filing a patent suit on the basis of a patent portfolio and/or a large number of claims should be aware and prepared to respond to the court's potential use of a simplification technique called mandate.......
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Competing Without Practicing - Preliminary Injunctions for Patent Infringement
April 24, 2014
Post by Blog Staff
InTrebo Manufacturing, Inc., v. Firefly Equipment, LLC, the Federal Circuit held that a plaintiff seeking a preliminary injunction for patent infringement does not need to practice the patent at issue in order to receive an injunction, so long as it sells a competing product. Trebro brought suit alleging that FireFly's sod harvester product infringed its U.S. Patent No. 8,336,638, and seeking a preliminary i.......
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New and Useful - April 10, 2013
April 10, 2013
Post by Blog Staff
· InIn re Hubbell the Federal Circuit confirmed the rejection of all of the pending claims in an application, filed with Jeffrey Hubbell, Jason Schense, Andreas Zisch, and Heike Hall as named inventors. The invention disclosed in the application was based on research performed while all of the named inventors were at California Institute of Technology (CalTech). As a result, the application is assig.......
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Federal Circuit reverses claim construction and noninfringement finding
June 27, 2007
Post by Blog Staff
In a claim construction appeal, the Federal Circuit found that the doctrine of claim differentiation, combined with statements made in a petition to make special, led to a broader claim construction than that offered by the district court. Also, there was no unequivocal disclaimer of the broader claim scope during prosecution of either the patent-in-suit or its parent application, as found by the district court........
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Federal Circuit addresses claim construction, on-sale and public use bars, and DJ jurisdiction
May 26, 2007
Post by Blog Staff
In a decision Friday, the Federal Circuit vacated in part a district court's claim construction of a several terms as well as its decision to find no infringement of patents owned by Honeywell. The court did, however, affirm the district court's retention of jurisdiction over the several withdrawn claims and the decision that Honeywell's pre-critical date activities were not barring sales or public u.......
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Federal Circuit Puts the Brakes on District Court's Claim Construction
April 19, 2007
Post by Blog Staff
The Federal Circuit today issued a fairly routine claim construction decision, vacating part of the district court's claim construction and remanding. The Court also affirmed the district court's decision to deny Rule 11 sanctions (applying Ninth Circuit law).More details of the case after the jump. Intamin Ltd. sued Magnetar Technologies Corp. for infringement of its patent relating to braking syste.......
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Federal Circuit Addresses Claim Differentiation
March 13, 2007
Post by Blog Staff
The Federal Circuit further clarified the doctrine of claim differentiation in Anderson Corp. v. Fiber Composites, LLC. Andersen Corp. owns a number of patent relating to composite materials made from a mixture of polymer and wood fiber as well as patents that relate to structural parts made from those composite materials. Fiber Composites manufactures and sells deck railing and spindle products under the trade .......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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