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Pre-KSR obviousness instruction does not result in plain error post-KSR

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 […]

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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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Corroboration of reduction to practice must corroborate that invention worked for intended purpose

In a decision today, the Federal Circuit affirmed the BPAI's decision in an interference proceeding awarding priority to the senior party. The junior party attempted to show an actual reduction to practice before the senior party's priority date. While the junior party offered evidence of an earlier actual reduction to practice, the corroborating evidence was […]

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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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Federal Circuit grants rehearing en banc in design patent case

The Federal Circuit today granted a petition for rehearing en banc in a design patent case, Egyptian Goddess, Inc. v. Swisa, Inc. In that case, the court held that when a design patent's "point of novelty" is a combination of existing design elements, the point of novelty must be a "non-trivial" advance over the prior […]

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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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Allegedly false statements insufficient to warrant setting aside judgment under Rule 60(b)(3)

In a decision yesterday, the Federal Circuit affirmed a district court's decision denying a motion to set aside a judgment under Rule 60(b)(3) on charges of fraud. In an earlier litigation, a patent was invalidated under § 102(g) as previously invented by another. That decision was affirmed on appeal.More than a year later, new evidence […]

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Remand to state court resulting from declining supplemental jurisdiction unreviewable on appeal

Addressing an issue of first impression, the Federal Circuit today held that a district court's decision remanding a case to state court on the basis of declining supplemental jurisdiction was unreviewable. The court determined that this decision was within the class of remands described in 28 U.S.C. § 1447(c). Because of this, review was barred […]

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Incorporation by reference did not incorporate necessary disclosure, priority chain broken

Today, the Federal Circuit held a patent was anticipated under 35 U.S.C. § 102(b) by another patent earlier in the patent-in-suit's priority chain. The court held the district court erred in finding that the patent at issue was entitled to a priority date of the earlier-filed patent, leading to the district court's improper conclusion that […]

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