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Advice of counsel evidence still relevant to intent to induce infringement

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 […]

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Inventor testimony regarding intent during patent prosecution irrelevant to claim construction

In a recent decision, the Federal Circuit vacated a stipulated judgment of noninfringement on claim construction grounds. The construction issue dealt with the significance of a limitation that applied to an "at least one" element. Specifically, the relevant claim required "at least one condylar element," where "the condylar element" had certain features. The district court […]

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Patent claims not at issue at trial can’t be found invalid, even if mentioned in complaint

In a recent decision, the Federal Circuit reversed much of a district court's finding of willful infringement of a plaintiff's patents, tortious interference with the plaintiff's business relationships, and invalidity of the defendant's patents. Regarding the willful infringement, the Federal Circuit determined that the district court had improperly interpreted the claims of the plaintiff's patents-in-suit […]

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Efforts to terminate infringement after notice of patent doesn’t avoid damages

In a decision Tuesday, the Federal Circuit vacated a district court's grant of summary judgment of non-infringement of a patent on the basis of claim construction. Specifically, the district court had improperly imported limitations from nonasserted claims into the asserted claims, resulting in an unduly narrow claim construction. The court also vacated the district court's […]

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Irreparable harm to exclusive licensee cannot support injunction; willfulness vacated post-Seagate

In a decision Monday, the Federal Circuit addressed a range of issues and ultimately affirmed a district court's denial of injunctive relief and, in light of the intervening Seagate decision, vacated and remanded the case for reconsideration regarding willfulness. The court also affirmed the district court's finding of no invalidity and the infringement of some […]

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Arguments made distinguishing prior art spell doom for broader claim construction

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 […]

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Consent judgment with no explanation of how claim construction affected noninfringement vacated

In a decision Tuesday, the Federal Circuit vacated a consent judgment entered by a district court and remanded the case for clarification. The district court entered a consent judgment, stipulated by the parties, stating the defendants' products did not infringe under the district court's claim construction of several terms, but that the plaintiff could still […]

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Claim construction and finding of noninfringement affirmed

In a decision Wednesday, the Federal Circuit affirmed a district court's claim construction and grant of summary judgment of non-infringement. The patent holder's proposed claim interpretation relied heavily on means-plus-function language and an embodiment in the specification not covered by the claim construction. The Federal Circuit found that the failure to use clear "means-plus-function language" […]

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Partially does not include totally, judgment of noninfringement affirmed

In a decision yesterday, the Federal Circuit affirmed a district court's claim construction and its related judgment of noninfringement. The court declined to import a meaning which went against the plain meaning of the disputed term, and stated if the patentee had intended such a meaning, it should have done so explicitly. The term at […]

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Claim construction from different case against different defendant applies in subsequent case

In a decision yesterday, the Federal Circuit affirmed a district court's construction of a patent claim in an infringement case. However, the court vacated the district court's grant of summary judgment of noninfringement and remanded. The Federal Circuit held that a prior interpretation of the claim in a suit against a different alleged infringer required […]

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