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Federal Circuit affirms importance of secondary indicia of non-obviousness
April 05, 2013

    The Federal Circuit has recently decided the case ofPower Integrations, Inc. v. Fairchild Semiconductor International, Inc. Power Integrations, Inc. (Power) sued Fairchild Semiconductor International, Inc. (Fairchild) in the U.S. District Court for the District of Delaware, alleging infringement of Power’s four patents covering chargers for mobile phones. In a bifurcated trial, the claims of the patents ....... Read More


    New and Useful - February 21, 2013
    February 21, 2013

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      New and Useful - February 6, 2013
      February 06, 2013

        · In Allergan, Inc. v. Barr Labs the Federal Circuit affirmed a decision by the District of Delaware finding that Barr Laboratories, Inc. and Sandoz Inc. had infringed a patent owned by Allergen, Inc., and finding the patent-in-suit valid. Barr and Sandoz each filed abbreviated new drug applications (ANDA) for a generic version of the drug covered by the Allergen patent, and both ANDAs asserted tha....... Read More


        Inventor's prior art patents and prosecution history lead to reversal of claim construction
        October 26, 2010

          In a recent decision, the Federal Circuit reversed a district court's grant of summary judgment of noninfringement and invalidity based on inadequate written description. The issue of infringement was reversed based on the district court's incorrect construction of a critical claim limitation. While the court held it was a "close case," it held the patentee had not acted as his own lexicograph....... Read More


          Preamble held not limiting because body of claim sets forth complete invention
          September 20, 2010

            In a recent decision, the Federal Circuit reversed a decision of the United States District Court for the District of Massachusetts. The district court had granted summary judgment of noninfringement to the defendant finding that the defendant's accused device did not perform a function found only in the preambles of the asserted claims.The Federal Circuit held that the disputed preamble term did not limit th....... Read More


            Federal Circuit Addresses Claim Differentiation
            March 13, 2007

              The Federal Circuit further clarified the doctrine of claim differentiation in Anderson Corp. v. Fiber Composites, LLC. Andersen Corp. owns a number of patent relating to composite materials made from a mixture of polymer and wood fiber as well as patents that relate to structural parts made from those composite materials. Fiber Composites manufactures and sells deck railing and spindle products under the trade ....... Read More


              No Crying Over Spilled Milk?.Held to Claim Construction During Prosecution
              February 23, 2007

                Nouri Hakim appealed the decisions of the District Court of Western Louisiana granting Cannon Avent Group's motion for summary judgment that Avent did not infringe one of Hakim's patents ("the '931 patent") and finding another of Hakim's patents invalid ("the '620 patent"). The patents-in-suit involved the art of non-spill drinking cups and the apparatus in the spout of the cup which prevents accidental spill....... Read More


                Don't change horses in midstream: Patentee held to claim construction position taken at lower court
                February 20, 2007

                  The Federal Circuit ruled today that a patentee could not argue a different claim construction than that argued before the district court. Because of this, the court affirmed the lower court's grant of summary judgment of noninfringement against the patent holder. Also, the court held that the patent holder did have standing to bring the case. Issues relating to the chain of title of a patent are determined by ....... Read More


                  Federal Circuit accepts rare interlocutory claim construction appeal
                  February 14, 2007

                    Today the Federal Circuit accepted an interlocutory appeal from a district court relating to patent claim construction. Because of the rarity of such a decision by the Federal Circuit, the court felt compelled to explain, in a precedential order, why it was accepting the order, and so members of the bar wouldn't get their hopes up that the court will be accepting more interlocutory appeals on claim construction i....... Read More


                    "Critical" ratio in claim does not get the benefit of the doctrine of equivalents
                    January 19, 2007

                      Today's lesson from the Federal Circuit: be careful not to make a claim limitation "critical," or you may lose the benefit of the doctrine of equivalents for that element. The court found that the claimed weight ratio of two drugs was critical in part because other claims recited a range of ratios, but the claim at issue simply recited a specific ratio, "about 1:5." The court stated that permitting infringement....... Read More


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                      The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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