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Patentee’s Lexicography Negates Infringement Despite Defendant’s Use of Claim Term in Product Literature

PLASTIC OMNIUM ADVANCED INNOVATION AND RESEARCH V. DONGHEE AMERICA, INC. Before Reyna, Newman, and Clevenger. Appeal from the U.S. District Court for the District of Delaware. Summary: The patentee’s lexicography of...more

Large Quantity of Routine Experimentation Can Be “Undue Experimentation”

IDENIX PHARMACEUTICALS LLC v. GILEAD SCIENCES INC. Before Prost, Newman, and Wallach. Appeal from the United States District Court for the District of Delaware. Summary: Synthesizing and screening tens of thousands of...more

Copying May Show Nonobviousness Even If No Specific Product Is Copied

LIQWD, INC. v. L'OREAL USA, INC. Before Reyna, Hughes, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Evidence of copying was relevant to nonobviousness even though the copied feature came from...more

Federal Circuit Applies Collateral Estoppel and Avoids Antitrust Issues

INTELLECTUAL VENTURES I LLC v. CAPITAL ONE FINANCIAL CORP. Before Prost, Bryson, and Reyna. Appeal from the United States District Court for the District of Maryland. Summary: The Federal Circuit applied collateral...more

A District Court May Not Ignore a Claim Construction Dispute Raised During a Section 101 Challenge

MYMAIL, LTD. v. OOVOO, LLC - Before Lourie, O’Malley and Reyna. Appeal from the United States District Court for the Northern District of California. Summary: If the parties litigating a § 101 challenge at the pleading...more

Amended Complaint May Relate Back to Original Complaint Despite Asserting Different Patents

ANZA TECHNOLOGY, INC. v. MUSHKIN, INC. Before Prost, Newman, and Bryson. Appeal from the United States District Court for the District of Colorado. Summary: Patent infringement claims in an amended complaint may relate...more

Broad Claim Language and Unpredictability in the Art Lead to Non-Enablement

ENZO LIFE SCIENCES, INC. v. ROCHE MOLECULAR SYSTEMS, INC. Before Prost, Reyna, and Wallach. Appeal from the United States District Court for the District of Delaware. Summary: Broad patent claims were invalid as not...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

The Impact of Fact Issues on Patent Eligibility after Berkheimer

The Federal Circuit’s 2018 decision in Berkheimer v. HP Inc. was likely the most consequential development in patent eligibility since the Supreme Court introduced its two-part eligibility framework in Alice Corp. v. CLS Bank...more

Broad Description in Specification Defeats Patent Owner’s Bid for Narrow Construction

BTG INTERNATIONAL LIMITED v. AMNEAL PHARMACEUTICALS LLC - Before Wallach, Moore, and Chen. Consolidated appeals from the Patent Trial and Appeal Board and the U.S. District Court for the District of New...more

Princeton Digital Image Corp. v. Office Depot Inc. Et Al.

Federal Circuit Summary - Before Dyk, Taranto, and Stoll. Appeal from U.S. District Court for the District of Delaware. Summary: The Federal Circuit lacks jurisdiction to hear an appeal from a district court judgment...more

Will Courts Consider Evidence of Patent Eligibility?

Patent enforcement by Texas-based DataTreasury Corp. (“DataTreasury”) was a key motivation for the creation of Covered Business Method Review (“CBM”) proceedings. Senator Charles Schumer of New York, referring to...more

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