Last Month At The Federal Circuit - October, 2009.
Mondaq Business Briefing › Nbr. 2009, January 2009
Linked as:
Summary
Company overview
See the full content of this document
Extract
Last Month At The Federal Circuit - October, 2009.
Contents
Where There Is No Clear Disavowal of Claim Scope, a Patentee's Express Definition of a Claim Term Controls Martek Biosciences Corp. v. Nutrinova, Inc. Nos. 08-1459, -1476 (Fed. Cir. Sept. 3, 2009) [Appealed from D. Del., Chief Judge Sleet] Use of the Term "Comprising" Does Not Render a Claim Anticipated by a Device That Contains Less Than What Is Claimed In re Skvorecz No. 08-1221 (Fed. Cir. Sept. 3, 2009) [Appealed from Board] Res Judicata Applies When Device Accused in Second Suit Remains Unchanged with Respect to Claim Limitations at Issue in First Suit Nystrom v. Trex Co. No. 09-1026 (Fed. Cir. Sept. 8, 2009) [Appealed from E.D. Va., Judge Davis] Structural and Functional Analysis of Disclosed and Prior Art Elements Are Required When Means-Plus-Function Limitations Are at Issue Fresenius USA, Inc. v. Baxter International, Inc. Nos. 08-1306, -1331 (Fed. Cir. Sept. 10, 2009) [ Appealed from N.D. Cal., Judge Armstrong] Federal Circuit Vacates $358 Million Jury Award in Microsoft Infringement Case Lucent Technologies, Inc. v. Gateway, Inc. Nos. 08-1485, -1487, -1495 (Fed. Cir. Sept. 11, 2009) [Appealed from S.D. Cal., Judge Huff] 35 U.S.C. s. 121 Safe Harbor from Double Patenting Rejections Does Not Apply to Continuation Applications Amgen Inc. v. F. Hoffman-La Roche Ltd. Nos. 09-1020, -1096 (Fed. Cir. Sept. 15, 2009) [Appealed from D. Mass., Judge Young] Claims to Methods of Optimizing Therapeutic Efficacy Are Patent-Eligible Subject Matter Under 35 U.S.C. s. 101 Prometheus Laboratories, Inc. v. Mayo Collaborative Services No. 08-1403 (Fed. Cir. Sept. 16, 2009) [Appealed from S.D. Cal., Judge Houston] Judgment of No Direct Infringement Reversed in Part Due to Application of Disclaimer Inconsistent with Claim Construction Order Vita-Mix Corp. v. Basic Holding, Inc. Nos. 08-1479, -1517 (Fed. Cir. Sept. 16, 2009) [Appealed from N.D. Ohio, Judge Gaughan] Patentee Who Retains Substantial Rights in Patent Must Join Exclusive Licensee in Infringement Su...See the full content of this document
Sponsored links
