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Three sentences insufficient to explain why a case is exceptional

In a decision yesterday, the Federal Circuit vacated an award of attorney fees under § 285. The district court only provided a three-sentence explanation as to why the case was exceptional. The Federal Circuit found this insufficient, as there was no explanation of the facts underlying the findings made by the court. As a result, […]

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Legal owner responsible for timely payment of maintenance fees, equitable owner out of luck

In a decision yesterday, the Federal Circuit affirmed a district court's grant of summary judgment upholding the USPTO's denial of a request to reinstate a patent for failure to pay maintenance fees. The patentee had assigned his invention to his employer, who had subsequently allowed the patent to expire due to non-payment of the maintenance […]

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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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No lost profits when patent owned by parent but practiced by subsidiary

In a decision this week, the Federal Circuit affirmed a district court's grant of summary judgment in the damages phase of a patent infringement case denying recovery for lost profits. The patentee's wholly-owned subsidiary actually practiced the claimed invention, but the subsidiary paid a standard license royalty to the patentee for use of the invention, […]

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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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Second prong of declaratory judgment jurisdiction test survived MedImmune

In a decision yesterday, the Federal Circuit affirmed a district court's grant of summary judgment of noninfringement and its related finding that the court had declaratory judgment jurisdiction. The court, for the first time since the Supreme Court's MedImmune decision, addressed the second prong of its pre-MedImmune declaratory judgment test. The court held this portion […]

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New appeallate counsel insufficient reason to consider arguments not raised before district court

In a decision today, the Federal Circuit affirmed a district court's decision finding two claims of a patent anticipated. The district court, adopting a magistrate judge's Report and Recommendation, held that the claims were invalid and granted summary judgment. After retaining new counsel for the appeal, the patentee argued the prior art did not anticipate […]

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Intrinsic evidence supported pre-Phillips claim construction; finding of noninfringement affirmed

In a decision yesterday, the Federal Circuit affirmed a district court's finding of noninfringement. The only disputed issue was one of claim construction. Although the district court issued its claim construction ruling before the Federal Circuit's Phillips decision and relied exclusively on a definition from a technical dictionary for its construction of the relevant term, […]

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Priority claim contained in data sheet and appended via certificate of correction valid

In a decision yesterday, the Federal Circuit vacated a district court's denial of a preliminary injunction. The district court denied the injunction on the basis of a substantial question of validity of the patent. The accused infringer alleged the patent was invalid under 35 U.S.C. § 102(b) based on a prior public use by the […]

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No claim preclusion unless second accused product essentially the same as product in first suit

In a Tuesday decision, the Federal Circuit reversed a district court finding that a patent infringement suit was barred by claim preclusion. At issue was whether a claim for patent infringement was barred under the doctrine of claim preclusion when that claim could have been brought in a prior case. The patentee sued for infringement […]

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