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Every Word Counts: Specification Naming Conventions Can Limit Claim Scope

A patent’s specification established a naming convention that applied to terms in the patent’s claims. Microchip Technology filed an IPR, arguing all claims of HD Silicon Solutions’ patent were invalid. The challenged patent...more

A Patent Must Describe What Is Claimed, Not What Infringes

Before Lourie, Prost, and Reyna. Appeal from the U.S. District Court for the District of Delaware. Summary: A patent was not invalid for lack of written description for failing to describe the specific infringing embodiment...more

“Quotation” Letter Found to Constitute Offer Invalidating Patents

CROWN PACKAGING TECHNOLOGY, INC. v. BELVAC PRODUCTION MACHINERY, INC. - Before Dyk, Hughes, and Cunningham.  Appeal from the United States District Court for the Western District of Virginia. Summary:  An offer for sale...more

Resolving Claim Construction Dispute at 12(b)(6) Stage May Be Error if Specification Indicates Claim Term Does Not Have its Plain...

UTTO INC. v. METROTECH CORP. Before Prost, Taranto, and Hughes.  Appeal from the United States District Court for the Northern District of California. Summary: The district court erred in construing the claims at the motion...more

Combining Abstract Ideas Does Not Make Them Less Abstract

Before Dyk, Reyna, and Stark. Appeal from the United States District Court for the Western District of Texas. Summary: When assessing patent eligibility under 35 U.S.C. § 101, combining two abstract ideas does not make...more

Exhibit Combustion: Disavowing Contradictory Statements Contained in Complaint Exhibits

HEALTHIER CHOICES MANAGEMENT CORP. V. PHILIP MORRIS USA, INC. Before Taranto, Stoll, and Cunningham. Appeal from the United States District Court for the Northern District of Georgia. Summary: A plaintiff can...more

Claimed Ranges Overlapping the Prior Art Can Lead To Short Patent Shelf-Life

UCB, INC.  v. ACTAVIS LABORATORIES UT, INC. Before Moore, Chen, and Stoll.  Appeal from the U.S. District Court for the District of Delaware. Summary: District court legally erred by applying incorrect anticipation...more

The Patent Ineligibility of Digital Imaging Processing Method Claims

SANDERLING MANAGEMENT LTD. v. SNAP INC. Before Chen, Cunningham, and Stark.  Appeal from the United States District Court for the Central District of California. Summary:  The district court properly found that...more

Incorporation by Reference: Patent Portfolio Builder or Destroyer?

ARBUTUS BIOPHARMA CORPORATION v. MODERNATX, INC. Before Reyna, Schall, and Chen.  Appeal from the Patent Trial and Appeal Board. Summary: Arbutus’ patent was anticipated by an earlier Arbutus patent that incorporated...more

“Filtering” Appropriate Claim Construction Reasoning

SSI TECHS., LLC v. DONGGUAN ZHENGYANG ELECTRONIC MECHANICAL LTD. Before Reyna, Bryson, and Cunningham.  Appeal from the United States District Court for the Western District of Wisconsin. Summary: The district court...more

Developments in Patent Disputes Between Apple and AliveCor

Earlier this year, AliveCor, Inc., a medical device and AI company producing electrocardiogram (ECG) hardware and software for consumer mobile devices, succeeded in convincing an International Trade Commission (ITC) judge...more

Apple Watch Found to Infringe AliveCor ECG Patents

AliveCor, Inc., a company focused on cardiac data and remote medicine, successfully convinced an International Trade Commission (ITC) judge that Apple, Inc. infringed multiple AliveCor patents related to electrocardiogram...more

Result-Oriented Claims Based on Natural Laws Held Invalid Under § 101

AMERICAN AXLE & MANUFACTURING, INC. v. NEAPCO HOLDINGS LLC - Before Dyk, Moore, Taranto. Appeal from the United States District Court for the District of Delaware. Summary: Mechanical method claims involving tuning...more

Federal Circuit Affirms Patent-Ineligibility of Claims Directed to Displaying Financial Information on a Known Device

Before Moore, Clevenger, and Wallach. Appeal from the Patent Trial and Appeal Board. Summary: Claims directed to providing additional trading information on a prior art display, without more, are patent-ineligible under 35...more

In Re Oath Holdings Inc.

Federal Circuit Summary - Before Dyk, Reyna, and Taranto, per curiam. Petition for Writ of Mandamus from the District Court for the Eastern District of New York. Summary: In a case pending before TC Heartland was...more

Stone Basket Innovations, LLC v. Cook Medical, LLC

Federal Circuit Summaries - Before PROST, Wallach, and Taranto. Appeal from the Southern District of Indiana. Summary: In determining whether a party’s actions were “exceptional” under Octane Fitness, the District...more

Materialise Receives First-Ever 510(k) Clearance for Anatomical Model 3D Printing Software

3D printing specialist Materialise recently received FDA 510(k) clearance for its Mimics inPrint software. Mimics inPrint is said to use to create 3D anatomical models from medical image data and output those models to a 3D...more

Arendi S.A.R.L. v. Google LLC

Federal Circuit Summaries - Before Newman, Bryson, and Moore. Appeal from the Patent Trial and Appeal Board. Summary: Prosecution disclaimer occurred when an applicant explained why claims were amended and the Examiner...more

Testing of Jenex TherOZap™ Device Set to Begin

Luminar Media Group recently announced that, after completing development of a working prototype device, the Jenex Corporation has signed an agreement with the Techna Institute at the University Health Network to begin...more

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