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Application of doctrine of equivalents to range limitation in claim does not vitiate the limitation

In a decision Friday, the Federal Circuit affirmed a district court's claim construction, but reversed its rulings regarding the sufficiency of notice of infringement and the applicability of the doctrine of equivalents. Regarding sufficiency of notice under 35 U.S.C. 287(a), the court held that while the patentee did not mark its products, its notice of […]

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Failure to discover title defect doesn’t make case exceptional; Rule 11 burden-shifting inapplicable

In a decision yesterday, the Federal Circuit addressed when a case may be considered "exceptional" under 35 U.S.C. § 285, and therefore potentially warrant an award of attorney fees. The plaintiff purchased rights to a patent "as is" from a company going through bankruptcy. However, it was later revealed that the company did not have […]

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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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Federal Circuit denies rehearing en banc in DC prescription drug price case

In a precedential order today, the Federal Circuit denied a petition for rehearing and rehearing en banc in Biotechnology Industry Organization vs. District of Columbia. On August 3, the court held that the Prescription Drug Excessive Pricing Act of 2005 enacted by the District of Columbia City Council, which prohibited a patented drug from being […]

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Waiver of immunity in earlier case does not operate as waiver in later case involving same patent

In a decision Tuesday, the Federal Circuit affirmed a district court's decision that a state had not waived its Eleventh Amendment sovereign immunity. The state had intervened in an earlier, related action, but that action was subsequently dismissed for improper venue. The court held that while the state waived its immunity in the first suit […]

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Infringement finding and denial of permanent injunction in favor of ongoing royalty affirmed

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 […]

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Patent prosecution malpractice claim properly heard in federal court and appealed to Federal Circuit

In its second decision yesterday in a legal malpractice case, the Federal Circuit affirmed the district court's decision that jurisdiction was proper over a legal malpractice claim on the basis that the malpractice claim involved a question of claim scope which presented a substantial question of patent law. The alleged malpractice involved prosecution of a […]

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Prior art addressing different problem shows what was “common knowledge,” obviousness affirmed

In a decision Friday, the Federal Circuit affirmed the rejection of all claims subject to reexamination as obvious. The USPTO had rejected the claims based on a combination of three prior art references. The court provided an expansive discussion of obviousness post-KSR. The court noted that where the Federal circuit had gone wrong in KSR […]

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Malpractice claim regarding patent prosecution and litigation sufficient for federal jurisdiction

In a decision today, the Federal Circuit affirmed a district court decision finding that where patent infringement is a necessary element of a malpractice claim arising from alleged patent prosecution errors as well as the mishandling of prior patent litigation, federal question subject matter jurisdiction exists.More detail of Air Measurement Techs., Inc. v. Akin Gump […]

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“Exclusive enterprise licensee” does not have standing to sue for infringement without patent owner

In a decision today, the Federal Circuit reversed a decision by a district court declining to dismiss a patent infringement case brought by a party possessing an "exclusive enterprise license" in the patent-in-suit. The trial court certified the question of licensee standing to the court for interlocutory appeal. In reversing the district court's denial of […]

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