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Term defined in specification limited even though partially characterized as exemplary

In a recent decision, the Federal Circuit vacated and remanded a limited exclusion order by the International Trade Commission. The ITC entered an exclusion order that prevented importation of products produced by a method that infringed two patents.The Federal Circuit vacated the finding of infringement, holding that under the correct claim construction, there was no […]

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Statement during prosecution not a clear and unmistakable disavowal, no prosecution disclaimer

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 […]

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Triangular opening not equivalent to vertical slit; summary judgment of no infringement affirmed

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 […]

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Jury verdict finding Microsoft’s product activation systems infringed two patents affirmed

In a decision Friday, the Federal Circuit affirmed a district court's finding of infringement and no invalidity of patents relating to the reduction of software piracy. At issue was a finding of non-infringement based on the claim construction of claim limitations found in patents held by z4 Technologies. In affirming the district court decision, the […]

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ITC’s claim construction reversed, revised construction leads to Section 337 violation

In a decision yesterday, the Federal Circuit reversed a decision of the U.S. International Trade Commission that a violation of § 337 of the 1930 Tarriff Act had not occurred. The court reversed the ITC's claim construction, and based on the revised claim construction, found the accused products infringed. This modified claim construction also resulted […]

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Finding of infringement of two patents affirmed, one reversed, damages award vacated

In a highly anticipated recent decision, the Federal Circuit affirmed the judgment of infringement against Vonage with respect to two Verizon patents, holding that the district court did not err in its construction of the disputed claim terms and that the claims were not obvious. With respect to a third patent, the Federal Circuit held […]

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“Comprised of” means the same as “comprising,” judgment of noninfringement affirmed

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 […]

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Summary judgment of noninfringement reversed: challenge to reliability of expert testimony waived

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 […]

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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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Statements in specification and prosecution history limit claims notwithstanding claim language

In a decision Friday, the Federal Circuit affirmed in part and reversed in part a district court's decision granting summary judgment of noninfringement and invalidity. The Federal Circuit found that the district court had properly construed most of the asserted claims as being limited to "automatic computer determination of the finish positions of teeth" based […]

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