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Preamble Found Limiting Where It Supplied Antecedent Basis for Other Claim Limitations

SHOES BY FIREBUG LLC v. STRIDE RITE CHILDREN'S GROUP - Before Lourie, Moore, and O’Malley. Appeal from the Patent Trial and Appeal Board. Summary: In similar claims of two related patents, one preamble was limiting...more

IPR Petitioners May Not Raise Appointments Clause Challenges Under Arthrex

CIENA CORPORATION v. OYSTER OPTICS, LLC - Before Moore, O’Malley, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Affirmatively petitioning for IPR waives the petitioner’s Appointments Clause...more

Non-Expert Testimony on Obviousness Is Inadmissible

HVLPO2, LLC v. OXYGEN FROG, LLC - Before Newman, Moore, and Chen. Appeal from the United States District Court for the Northern District of Florida. Summary: It is an abuse of discretion to permit a witness to testify...more

Parroting Language of Venue Statute Is Not Enough to Avoid Dismissal

WESTECH AEROSOL CORPORATION v. 3M COMPANY - Before Lourie, Mayer, and Reyna. Appeal from the United States District Court for the Western District of Washington. Summary: To establish proper venue, a plaintiff must...more

Omega Patents, LLC v. Calamp Corp.

Before Prost, Dyk, and Wallach. Appeal from the United States District Court for the Middle District of Florida. Summary: Asserting the district court’s claim construction prevented consideration of additional prior art,...more

Enplas Display Device Corp. v. Seoul Semiconductor Co.

Federal Circuit Summary - Before Newman, Hughes, and Stoll. Appeal from the United States District Court for the Northern District of California. Summary: Reasonable royalty patent damages cannot include a royalty for...more

Biodelivery Sciences Intl, Inc. v. Aquestive Therapeutics, Inc.

Federal Circuit Summary - Before Newman, Lourie, and Reyna. Appeals from the Patent Trial and Appeal Board. Summary: A party did not waive SAS-based relief in an IPR appeal when it requested remand for consideration of...more

Sumitomo Dainippon Pharma Co. v. Emcure Pharmaceuticals

Before Moore, Mayer, and Stoll. Appeal from the United States District Court for the District of New Jersey. Summary: Plain claim language will not be narrowed based on a patent’s specification unless the patentee clearly...more

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