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Category: Literal infringement


Apple and Fitbit Sued Over Wearable Physiological Monitoring
January 14, 2016
Post by Blog Staff
For many, the start of a new year is a time for setting New Year's resolutions. Many of these resolutions will include goals for the year, like saving money, paying off debts, volunteering in the community more, and living a healthier lifestyle. Living a healthier lifestyle and/or getting in better shape are always popular resolutions. Individuals may be further motivated to achieve .......
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New and Useful - April 23, 2013
April 23, 2013
Post by Blog Staff
· InK-Tech Telecoms v. Time Warner Cable, the Federal Circuit confirmed that the standard for evaluating the adequacy of complaints alleging direct patent infringement remains Form 18 of the Appendix of Forms to the Federal Rules of Civil Procedure ("Form 18"). K-Tech filed separate complaints against Direct TV and Time Warner Cable (“TWC”) on the same day, alleging infringeme.......
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New and Useful - March 15, 2013
March 15, 2013
Post by Blog Staff
In Brilliant Instruments, Inc. v. GuideTech, LLC, the Federal Circuit reversed a district court’s order granting summary judgment of non-infringement of three related patents. The three asserted patents relate to circuits that measure the timing errors of digital signals in high-speed microprocessors. The inventor of the three patents left employment with the plaintiff, GuideTech, and founded the.......
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Another Billion Dollar Patent Verdict
January 03, 2013
Post by Blog Staff
Another billion dollar verdict has been handed out in a patent case. Read the verdict in Carnegie Mellon University v. Marvell Technology Group, LTD. here. This latest case continues a string of billion dollar verdicts highlighted by Jonathan Kennedy in the latest edition of MVS Briefs. Carnegie Mellon brought suit alleging infringement of two of its patents, Patent No. 6,201,839 and Patent No. 6,438,180, relat.......
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Compliance with industry standards can be used to show patent infringement
September 27, 2010
Post by Blog Staff
In Fujitsu et al v. Netgear, the Federal Circuit held compliance with an industry standard can be sufficient evidence to establish patent infringement. However, this rule only applies when the only way to adhere to the industry standard is to infringe the asserted patent, such that any product that complies with the standard infringes. In this case, the court determined that a party could comply with the standar.......
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Close but no cigar: ITC gets 4 of 5 claim constructions correct, but must reconsider 2 issues
June 15, 2009
Post by Blog Staff
In a recent decision, the Federal Circuit addressed a variety of claim construction, infringement, and validity issues in an appeal from the International Trade Commission. After construing five disputed claim terms, the ITC held one of four representative products infringed, the remaining three did not infringe, and one claim invalid as anticipated. Both parties appealed.The Federal Circuit affirmed in part, r.......
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Estoppel applies to all added limitations in claims, including when present in unamended claims
April 15, 2009
Post by Blog Staff
In a decision Friday, the Federal Circuit affirmed a district court's grant of summary of no literal infringement and that prosecution history estoppel barred application of the doctrine of equivalents. During prosecution of the patent, a total of three limitations from two different dependent claims were added to the asserted claim in separate amendments, although only two of the limitations were addressed .......
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Summary judgment of validity reversed; predictable variation of prior art obvious as a matter of law
March 30, 2009
Post by Blog Staff
In a decision last month, the Federal Circuit reversed a district court's summary judgment to the plaintiff. The district court had awarded damages after granting summary judgment of "validity" and infringement. While the Federal Circuit agreed with the district court's construction of a disputed claim term, the court held the asserted claims were obvious as a matter of law. Specifically, it w.......
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Failure to raise KSR post-trial but pre-judgment results in waiver
March 05, 2009
Post by Blog Staff
In a recent decision, the Federal Circuit affirmed a jury's verdict of infringement, no obviousness, and no inequitable conduct. On appeal, the defendant for the first time argued the jury's verdict should be reversed in light of KSR. The Federal Circuit held the argument had been waived. The jury reached its verdict on December 8, 2006. Post-trial motions were fully briefed on February 20, 2007, and .......
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Advice of counsel evidence still relevant to intent to induce infringement
October 06, 2008
Post by Blog Staff
In a recent decision, the Federal Circuit affirmed a jury's finding of infringement of two patents and the related injunction, but reversed the district court's claim construction and the concomitant finding of infringement regarding a third patent. The court affirmed the district court's injunction despite the fact that the patentee licensed, rather than manufactured, the claimed inventions. The in.......
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Expert's internally inconsistent testimony could not support jury's infringement verdict
October 06, 2008
Post by Blog Staff
In a decision last week, the Federal Circuit reversed a district court's denial of judgment as a matter of law after a jury returned a verdict of infringement. The Federal Circuit held the jury's verdict was not supported by substantial evidence, and that the plaintiffs' expert's opinions contradicted his factual testimony, and was thus incapable of supporting the jury's verdict of infringeme.......
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FDA research safe harbor does not extend to devices not subject to FDA approval
August 07, 2008
Post by Blog Staff
In a decision Tuesday, the Federal Circuit affirmed a district court's holding of patent infringement on the basis that the "safe harbor" provision of the Hatch-Waxman Act, § 271(e)(1), did not insulate the accused activity from infringement and that the district court did not err in granting a judgment as a matter of law in favor the plaintiff on infringement and the defendant's invalidity.......
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Arguments made distinguishing prior art spell doom for broader claim construction
July 27, 2008
Post by Blog Staff
In a decision last week, the Federal Circuit affirmed a district court's claim construction and related grant of summary judgment of non-infringement.The court affirmed the construction in part because the plaintiff's interpretation of the claim elements was at odds with the plaintiff's stance during the prosecution history. Specifically, the patentee added the element in question to overcome the pri.......
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Failure to consider evidence of good faith leads to reversal of inequitable conduct finding
June 25, 2008
Post by Blog Staff
In a decision last week, the Federal Circuit affirmed a district court's finding of no infringement and invalidity for obviousness, and reversed the district court's finding of unenforceability due to inequitable conduct.The Federal Circuit, citing KSR, noted that an obviousness analysis can take account the inferences and creative steps that a person of ordinary skill in the art would employ, and held th.......
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District court's claim construction too narrow, but noninfringement finding affirmed anyway
May 07, 2008
Post by Blog Staff
In a decision yesterday, the Federal Circuit held that a district court construed a claim limitation too narrowly. However, even under the broader construction, summary judgment was still appropriate, because there was no genuine issue of fact that the accused method still did not practice that element, either literally or under the doctrine of equivalents. PSN Illinois (PSN) owns a patent relating to a method .......
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Elements of infringement claim not jurisdictional; "sale" occurs at location of buyer and seller
April 29, 2008
Post by Blog Staff
In a decision yesterday, the Federal Circuit affirmed a district court's denial of the defendant's motion to dismiss for lack of subject matter jurisdiction. The court also denied the defendant's post-verdict motion for judgment as a matter of law. The defendant contended that because it shipped its allegedly infringing products f.o.b. from its place of business in Canada, it did not sell or import.......
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271(e) safe harbor applies to both product and method claims in ITC proceedings
March 19, 2008
Post by Blog Staff
In a ruling today, the Federal Circuit affirmed in part a decision by the International Trade Commission (ITC) concerning the application of 19 U.S.C. § 1337 and 35 U.S.C. § 271(e)(1) to imported products and products imported produced via a patented process. The main issue before the court was whether the safe harbor against infringement provided by § 271(e) applies in proceedings under §.......
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Claims requiring an "insert" do not cover products with similar structure not "inserted"
February 08, 2008
Post by Blog Staff
In a decision Wednesday, the Federal Circuit affirmed a district court ruling granting summary judgment of non-infringement. At the outset, the court noted the patent at issue had been before the court multiple times, and the claim terms at issue in this appeal had already been construed by the court in earlier cases.As the district court applied the Federal Circuit's earlier construction, the court had litt.......
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When market entry fee part of damages for patent infringement, permanent injunction inappropriate
January 21, 2008
Post by Blog Staff
In a recent decision, the Federal Circuit affirmed a finding of infringement of a patent relating to the detection and classification of Hepatitis C Virus, but remanded the case for a determination of anticipation. In arguably the most interesting aspect of the decision, the court vacated the permanent injunction entered against the defendant. The plaintiff asked for and was awarded damages to compensate for th.......
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Pre-KSR obviousness instruction does not result in plain error post-KSR
January 10, 2008
Post by Blog Staff
In a decision this week, the Federal Circuit affirmed findings of infringement of two patents by two defendants. The court also reversed an invalidity ruling of one of one claim that had been the subject of reexamination, but remanded the case to the district court for a determination of the obviousness of one claim based on a revised claim construction and for a determination of damages.While the case went to t.......
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Statement during prosecution not a clear and unmistakable disavowal, no prosecution disclaimer
November 29, 2007
Post by Blog Staff
In a decision yesterday, the Federal Circuit partially reversed a district court's summary judgment of noninfringement of a patent directed to closed circuit television systems. In granting summary judgment, the district court held that the doctrine of prosecution disclaimer limited the scope of the claims, finding the inventors characterized the invention narrowly in response to an office action.The Federal.......
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Triangular opening not equivalent to vertical slit; summary judgment of no infringement affirmed
November 28, 2007
Post by Blog Staff
Today the Federal Circuit affirmed a district court's determination that the patent claim term "closeable vertical opening" required a slit-like shape that is perpendicular to the pan of the horizon instead of simply an opening with a shape that is taller than it is wide. Further, the court found that an accused product which creates a triangle-flap opening did not operate in a substantially simila.......
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Infringement finding and denial of permanent injunction in favor of ongoing royalty affirmed
October 18, 2007
Post by Blog Staff
In a decision today, the Federal Circuit affirmed a jury verdict finding infringement under the doctrine of equivalents of a patent relating to hybrid engines used in motor vehicles. The court also affirmed the district court's denial of a permanent injunction and its award of an ongoing royalty on infringing vehicles, rejecting the argument that the "compulsory license" would prevent the patent ho.......
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Claims to using product made via another claim are dependent claims, noninfringement affirmed
October 04, 2007
Post by Blog Staff
In a battle between two agricultural heavyweights, Monsanto and Syngenta, the Federal Circuit affirmed a district court's ruling that Syngenta did not infringe two Monsanto patents and that a third was invalid for lack of enablement. The patents relate to tolerance to the herbicide glyphosate.The court affirmed the district court's claim construction, noting that certain claims directed toward manipulat.......
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"Comprised of" means the same as "comprising," judgment of noninfringement affirmed
September 27, 2007
Post by Blog Staff
Today, the Federal Circuit addressed how to interpret the phrase "comprised of" in a patent claim. In holding that the phrase should be construed in the same open-ended way the term "comprising" is traditionally construed, the court disagreed with the district court's finding that the phrase was closed-ended and excluded the presence of all elements beyond those presented. However, the d.......
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Summary judgment of noninfringement reversed: challenge to reliability of expert testimony waived
September 25, 2007
Post by Blog Staff
In a decision Friday, the Federal Circuit reversed a district court's grant of summary judgment of noninfringement. The court held the district court improperly made a factual determination regarding the reliability of an expert's test used to establish infringement. Based on statements made during summary judgment briefing and argument, the defendants could not argue the tests were unreliable for summar.......
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Claim construction and noninfringement finding affirmed; prosecution history estoppel bars DOE
September 12, 2007
Post by Blog Staff
In a decision today, the Federal Circuit affirmed a district court's grant of summary judgment of noninfringement of a patent relating to a "gutter guard" designed to keep debris out of gutters. The court found the district court's claim construction correct, as it properly considered dictionary definitions when the specification provided no additional guidance on the meaning of the term "w.......
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Infringement and royalty rate affirmed; dismissal of willful infringement claim reversed
September 06, 2007
Post by Blog Staff
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 district court properly determined the rea.......
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When point of novelty is a combination of existing elements, it must be a "non-trivial" advance
August 30, 2007
Post by Blog Staff
In a case decided yesterday, the Federal Circuit clarified the point-of-novelty test for design patents when the point of novelty is a combination of existing design elements. The court adopted the rule that "to constitute a point of novelty, the combinations must be a non-trivial advance over the prior art." The court likened this analysis to an obviousness inquiry of a validity analysis. In a stron.......
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Statements in specification lead to narrower claim construction and noninfringement
August 06, 2007
Post by Blog Staff
In a decision on Friday, the Federal Circuit affirmed a district court decision granting summary judgment of noninfringement. The only claim at issue required motors to apply a "pushing" force. The defendant's motors applied a "pulling" force that was, through intermediate apparatus, translated to a "pushing" force, but the court held that the patentee had disclaimed such devic.......
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Federal Circuit provides more detail on FDA research exemption to infringement
July 30, 2007
Post by Blog Staff
The Federal Circuit recently decided a case on remand from the Supreme Court's decision regarding the research exception to patent infringement (35 U.S.C. § 271(e)(1), "The FDA exception"). The Federal Circuit reversed the district court's finding of infringement, holding that the experiments were not infringements because they were reasonably related to research that would be appropriate t.......
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Federal Circuit affirms findings of patent and copyright noninfringement
July 06, 2007
Post by Blog Staff
In a recent decision the Federal Circuit affirmed a district court's grant of summary judgment of noninfringement on one count of patent infringement and two counts of copyright infringement. The Federal Circuit also upheld the district court's denial of the plaintiff's Rule 60(b) motion seeking vacatur of the summary judgments. More details of Hutchins v. Zoll Med. Corp. after the jump.Hutchins al.......
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Same terms, same meanings, unless specification indicates otherwise
April 27, 2007
Post by Blog Staff
In an appeal by Porta Stor, Inc. of a judgment in favor of PODS, Inc. for, among other things, patent and copyright infringement, the Federal Circuit reversed the judgment of patent infringement finding no literal infringement and finding that infringement under the doctrine of equivalents was barred by prosecution history estoppel. The court also reversed the grant of judgment as a matter of law on copyright .......
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Willful infringement affirmed; injunction vacated in light of eBay
April 13, 2007
Post by Blog Staff
The Federal Circuit affirmed a finding of willful infringement against a medical device manufacturer, but vacated a permanent injunction entered based on the old injunction standard to be reevaluated by the district court in light of the Supreme Court's decision in eBay v. MercExchange. The infringer obtained opinions of counsel regarding infringement at two different times. Initially.......
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Comparison of Commercial Products not the vehicle to analyze equivalence
February 27, 2007
Post by Blog Staff
In a second appearance before the Federal Circuit, AquaTex again appealed a decision of the District Court that Techniche Solutions' Cooling Apparel did not infringe their U.S. Patent No. 6,371,977 for a protective multi-layered liquid retaining composition. The Federal Circuit had previously affirmed the lower court's finding of no literal infringement while remanding the case back to the District Court for furt.......
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Federal Circuit reverses claim construction but affirms infringement
November 16, 2006
Post by Blog Staff
Abraxis Bioscience (formerly AstraZeneca) is the holder of three patents on an improved formulation of an anesthetic, DIPRIVAN?. Prior formulations had the problem of increasing postoperative infections. The inventors discovered that by adding disodium edetate as an antimicrobial agent. This addition allowed DIPRIVAN? to be administered for up to 24 hours without a significant increased risk of infection. .......
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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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