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Preamble not limiting when duplicative of claim limitations and not added to overcome rejection

In a recent decision, the Federal Circuit held that a district court erred in its construction of several claim terms in a patent, and as a result, vacated the district court's summary judgment of noninfringement and no invalidity. The court affirmed the district court's decisions regarding several other issues, including laches, inequitable conduct, and inventorship. […]

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Finding of induced infringement reversed: insufficient evidence of direct infringement

Today, the Federal Circuit held that hypothetical instances of direct infringement are not enough to establish that a party induced direct infringement of a patent. Instead, there must be evidence of instances of actual infringement in order to establish infringement was induced if there are both infringing and non-infringing ways to operate a device. Because […]

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Another patent invalid after KSR, with help from an innovative online litigation strategy

Peter Zura has an interesting post about a case in the Eastern District of Texas (one of the most popular districts for patent cases to be filed) where a patent was held to be both anticipated and, failing that, obvious in light of KSR. The court also addressed the concept of joint infringement, which the […]

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Verifying what was already suspected to be the case “does not give rise to a patentable invention”

The Federal Circuit yesterday issued a split opinion dealing with contributory infringement and post-KSR obviousness. The case involved two patents regarding hematopoietic stem cells collected from blood in the umbilical cord after the birth of a child. Such cells have shown promise in the treatment of blood-related disorders. The Federal Circuit held that the patents […]

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Limitations of a Claim Come from the Claim Language Itself

In E-Pass Technologies (“E-Pass”) v. 3Com Corp., Palm Inc., palmOne, Inc. and Handspring, Inc. and Visa International Service Association and Visa U.S.A., Inc. and Palmsource, Inc. (“3Com”), the district court’s holding of final summary judgment of non-infringement by 3Com was affirmed by the Federal Circuit. At issue was a patent (“the ‘311 patent”) entitled “Method […]

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Federal Circuit considers intent required for inducing infringement en banc

The Federal Circuit resolved a perceived conflict in its case law regarding the necessary level of intent required for a defendant to be found liable for inducing infringement of a patent. The court considered one subsection of DSU Medical Corp. v. JMS Co. en banc to resolve the conflict. The court held that to prove […]

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