FRAUNHOFER-GESELLSCHAFT v. SIRIUS XM RADIO INC.
Before Dyk, Linn, and Taranto.
Appeal from the District of Delaware. Summary: Contract interpretation must be applied in determining whether a sublicense survives...more
10/18/2019
/ Ambiguous ,
Appeals ,
Breach of Contract ,
Cease and Desist ,
Commercial Bankruptcy ,
Contract Interpretation ,
Dismissals ,
Extrinsic Evidence ,
IP License ,
Motion to Dismiss ,
Patent Infringement ,
Patents ,
Remand ,
Sublicenses ,
Vacated
CAMPBELL SOUP COMPANY v. GAMON PLUS, INC.
Before Prost, Newman and Moore. Appeal from the Patent Trial and Appeal Board.
Summary: A proper primary reference can have slight differences in design if, in light of overall...more
10/1/2019
/ Appeals ,
Campbell Soup Company ,
Design Patent ,
Inter Partes Review (IPR) Proceeding ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Preponderance of the Evidence ,
Prior Art ,
Section 103 ,
Vacated
Federal Circuit Summary -
Before Prost, Dyk, and Moore. Appeal from District of Delaware.
Summary: A district court’s construction of a claim term that is contrary to the plain language of the claims and usage of the...more
Federal Circuit Summary -
Before Prost, O’Malley, and Stoll. Appeal from the Trademark Trial and Appeal Board.
Summary: Advertising costs and sales figures are relevant in determining whether a trademark is famous and,...more
Federal Circuit Summary -
Before Prost, Moore, and Reyna. Appeal from the District of Delaware.
Summary: Plain language claim construction will not be narrowed based on the prosecution history unless the patentee...more
Federal Circuit Summary -
En Banc (excl. Chen), Opinion for the court filed by Stoll, joined by Newman, Lourie, Moore, O’Malley, Wallach, and Taranto. Appeal from the United States District Court for the Eastern District...more
8/2/2018
/ 35 U.S.C. § 145 ,
Administrative Proceedings ,
American Rule ,
Appeals ,
Attorney's Fees ,
En Banc Review ,
Litigation Fees & Costs ,
Patent Examinations ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Reversal ,
Sua Sponte ,
USPTO ,
Vacated
Federal Circuit Summaries -
Before Reyna, Taranto, and Hughes. Appeal from the Northern District of California.
Summary: Failure to use the word “means” creates a rebuttable presumption that the term is not a...more
6/7/2018
/ Appeals ,
Apple ,
Clear Error Standard ,
Indefiniteness ,
Means-Plus-Function ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Patents ,
Rebuttable Presumptions ,
Remand ,
Vacated
Federal Circuit Summaries -
Before Lourie, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board (“PTAB”).
Summary: Nothing in § 41.41(b)(2) bars a reply brief from addressing new arguments raised in the...more