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Noninfringement Claim Construction Summary Judgment

Alston & Bird

Patent Case Summaries | Week Ending July 11, 2025

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Egenera, Inc. v. Cisco Systems, Inc., No. 2023-1428 (Fed. Cir. (D. Mass.) July 7, 2025). Opinion by Stark, joined by Prost and Taranto. Egenera owns a patent related to improved systems and methods for deploying and...more

McDermott Will & Emery

Appeal is too late to raise percolating claim construction dispute

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The US Court of Appeals for the Federal Circuit affirmed a district court’s finding of noninfringement, concluding that the patent owner had improperly raised a claim construction issue for the first time on appeal – an...more

McDermott Will & Emery

Espresso Yourself: When Prosecution History as a Whole Doesn’t Demonstrate Clear, Unmistakable Disclaimer

The US Court of Appeals for the Federal Circuit reversed and remanded a district court’s claim construction and related summary judgment rulings after determining that the district court erred in construing a claim term by...more

Haug Partners LLP

K-fee System GMBH v. Nespresso USA, Inc. – The Importance of Context in Claim Construction

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The Federal Circuit provided its latest guidance with respect to prosecution disclaimer in K-fee System GMBH v. Nespresso USA, Inc., 2023 WL 8882383, — F.4th — (Fed. Cir. Dec. 26, 2023).  K-fee involved patents covering...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2024

K-Fee System GmbH v. Nespresso USA, Inc., Appeal No. 2022-2042 (Fed. Cir. Dec. 26, 2023) In an appeal from a district court judgment of noninfringement, the Federal Circuit reversed the underlying claim construction...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Vacates Invalidity Judgement Based on Collateral Estoppel from a Case Subsequently Vacated and Rebukes Plaintiff’s...

In Finjan LLC, FKA Finjan, Inc. v. SonicWall, Inc., No. 2022-1048 (Fed. Cir. Oct. 13, 2023), the Federal Circuit vacated a summary judgement of invalidity based on collateral estoppel, where the case that provided estoppel...more

McDermott Will & Emery

It’s All in the Grammar: “A” Still Means “One or More,” but Single Component Must Perform All Claimed Functions

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The US Court of Appeals for the Federal Circuit affirmed a jury’s noninfringement verdict, finding that the district court correctly interpreted the article “a” and antecedent “said” in the asserted claims to require that a...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2022 Design Patents Year in Review: Analysis & Trends

Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more

McDermott Will & Emery

Game Reset: Extrinsic Evidence Can’t Limit Claim Scope Beyond Scope Based on Unambiguous Intrinsic Evidence

The US Court of Appeals for the Federal Circuit reversed a district court’s grant of summary judgment of noninfringement after concluding that the district court erred by relying on expert testimony to construe a claim term...more

WilmerHale

Federal Circuit Patent Watch: Use of ‘a’ vs. ‘the’ in claims

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Precedential Federal Circuit Opinions EVOLUSION CONCEPTS, INC. v. HOC EVENTS, INC. [OPINION]  (2021-1963, 1/14/22) (Prost, Taranto, Chen) - Taranto, J.  Reversing summary judgment of noninfringement for patent related to...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2021 #3

Mobility Workx, LLC v. Unified Patents, LLC, Appeal No. 2020-1441 (Fed. Cir. Oct. 13, 2021) - In this week’s Case of the Week, a panel of the Court of Appeals for the Federal Circuit considered, and rejected, new...more

WilmerHale

CAFC Patent Cases - October 2021

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Precedential Federal Circuit Opinions KANNUU PTY LTD. v. SAMSUNG ELECTRONICS CO., LTD. [OPINION] (2021-1638, 10/7/21) (Newman, Prost, Chen) - Chen, J. Denying motion for preliminary injunction. Patentee sought to compel...more

McDermott Will & Emery

Failing to Address All Reasons for Noninfringement Renders Appeal Moot

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In deciding whether the district court correctly interpreted various claim terms in four patents related to communication techniques used in computer gaming technology, the US Court of Appeals for the Federal Circuit found...more

Fox Rothschild LLP

Judge Stark Grants Defendants’ Motion For Summary Judgment Of Noninfringement Of The Asserted Patent Claims

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By Memorandum Order entered by the Honorable Leonard P. Stark in Baker v. Alpha Consolidated Holdings, Inc. et al., Civil Action No. 18-976-LPS (D.Del. September 17, 2021), the Court granted the combined motion for summary...more

McDermott Will & Emery

3D Chess at the Federal Circuit: Can't Walk Back Arguments in Prior Appeal or Prosecution History

In the second appeal to the US Court of Appeals for the Federal Circuit, the preamble term “three-dimensional spreadsheet” was found to be a limitation in the context of claims directed to organizing and presenting...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2021 #2

Gilbert P. Hyatt v. Andrew Hirshfeld, Appeal Nos. 2018-2390, -2391, -2392, 2019-1038, -1039, -1049, -1070 (Fed. Cir. June 1, 2021) - This week’s Case of the Week explores a long-running dispute between controversial...more

McDermott Will & Emery

Doctrine of Equivalents Analysis Should Not Be Simple Binary Comparison

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The US Court of Appeals for the Federal Circuit remanded a district court’s claim construction and grant of a defendant’s summary judgment motion of non-infringement under the doctrine of equivalents, finding that a...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2021 #3

Uniloc 2017 LLC v. Facebook Inc., Appeal Nos. 2019-1688, -1689 (Fed. Cir. Mar. 9, 2021) In this week’s Case of the Week, Uniloc appealed from two consolidated IPR decisions finding multiple claims unpatentable as obvious....more

McDermott Will & Emery

Revenge of the Grammar Nerds: Grammatical Canons Overturn $8.6 Million Jury Infringement Verdict

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Addressing whether the phrase “a plurality of” should apply to each element in a series, the US Court of Appeals for the Federal Circuit entered judgment of non-infringement, finding that the district court’s claim...more

Troutman Pepper Locke

Federal Circuit Review - Issue 277

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277-1 Federal Circuit Affirms District Court Claim Construction in Foundation Pile Patent Infringement Dispute - The United States Court of Appeal for the Federal Circuit recently upheld the Central District of...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2020 #3

PATENT CASE OF THE WEEK - Baxalta Inc. v. Genentech, Inc., Appeal No. 2019-1527 (Fed. Cir. Aug. 27, 2020) - In this week’s Case of the Week, an appeal from the United States District Court for the District of Delaware,...more

Akin Gump Strauss Hauer & Feld LLP

District Court Awards Post-Markman Attorneys’ Fees After Plaintiff Continued to Litigate Claims That Became Baseless in Light of...

A federal judge in the Eastern District of Virginia granted defendant Amazon.com, Inc.’s motion for attorneys’ fees under 35 U.S.C. § 285, ordering plaintiff Innovation Sciences, LLC to pay over $700,000 in fees that accrued...more

Knobbe Martens

Specification’s Narrow Description of the Invention Results in Disavowal of Claim Scope

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TECHTRONIC INDUSTRIES CO. LTD. v. ITC - Before Lourie, Dyk, and Wallach. Appeal from the U.S. International Trade Commission. Summary: Consistent description in the specification of a particular embodiment as the...more

Knobbe Martens

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

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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

Knobbe Martens

Intellectual Ventures I LLC v. T-Mobile USA, Inc.

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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

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