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SOCIEDAD ESPANOLA v. BLUE RIDGE X-RAY COMPANY (Fed. Cir. 2015) (NP) – Ambiguous claims terms will be generally interpreted consistent with the focus of the specification
http://www.mondaymorningpros.com/sociedad-espanola-v-blue-ridge-x-ray-company-fed-cir-2015
Patent Prosecution Case Law. Topics & Categories. August 30, 2016. SOCIEDAD ESPANOLA v. BLUE RIDGE X-RAY COMPANY (Fed. Cir. 2015) (NP) Ambiguous claims terms will be generally interpreted consistent with the focus of the specification. July 31, 2015. Whether the proper construction of the phrase two insulated chambers requires more than mere electrical insulation, such that the two insulated chambers cannot open directly into one another, cannot have oil [that] is able to flow freely throughout the entir...
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[sub] application to claims
http://www.mondaymorningpros.com/category/anticipation/sub-application-to-claims
Patent Prosecution Case Law. Topics & Categories. August 30, 2016. CARNEGIE MELLON UNIVERSITY v. MARVELL TECHNOLOGY GROUP, LTD (Fed. Cir. 2015) (P) An element comprising another element having a claimed characteristic is not an independent such element. August 4, 2015. WEEKLY UPDATES TO YOUR INBOX. SPONSORS & SUPPORT. Contact us to become a sponsor.
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[sub] consistency
http://www.mondaymorningpros.com/category/claim-interpretation/sub-consistency
Patent Prosecution Case Law. Topics & Categories. August 30, 2016. SIMPLEAIR, INC. v. SONY ERICSSON MOBILE (Fed. Cir. 2016) (P) Different terminology is presumed to carry different meanings. April 1, 2016. Whether the claimed data channel should be construed consistently with the term data feeds of the specification rather than more broadly in accordance with its ordinary meaning. February 2, 2016. July 31, 2015. Ambiguous claims terms will be generally interpreted consistent with the focus of the specif...
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Claim Interpretation
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Patent Prosecution Case Law. Topics & Categories. August 30, 2016. IN RE CSB-SYSTEM INTERNATIONAL, INC. (Fed. Cir. 2016) (P) The PTO must apply the Phillips standard for claim construction whenever a patent expires. August 9, 2016. The PTO must apply the. Whether the Board’s use of the BRI standard was proper when the patentee had the opportunity to amend its patent claims while they were pending before the examiner in the reexamination, as the patent had yet to expire. Standard for claim construction...
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Indefiniteness
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Patent Prosecution Case Law. Topics & Categories. August 30, 2016. ULTIMATEPOINTER, L.L.C. v. NINTENDO CO LTD (Fed. Cir. 2016) (P) Functional limitations in an apparatus claim are not indefinite when they recite a capability of an element. March 1, 2016. Whether the inclusion of the image sensor generating data limitation renders the claim indefinite under 35 U.S.C. 112, second paragraph, by making it unclear whether infringement occurs when an infringing system is assembled, or when the appa...No [T]he ...
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Anticipation
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Patent Prosecution Case Law. Topics & Categories. August 30, 2016. IN RE MORSA (Fed. Cir. 2015) (P) High level of ordinary skill asserted in the specification may lower the bar for enablement of the prior art. October 19, 2015. Whether the high-level descriptions in the press release prior art were sufficiently enabling to allow one skilled in the art to make and use such a system. September 24, 2015. August 4, 2015. August 4, 2015. Whether this passage in the prior art teaches two branch metric function...
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CIRCUIT CHECK INC. v. QXQ INC. (Fed. Cir. 2015) (P) – Analogous prior art is not demonstrated by simply being within the knowledge of even lay people
http://www.mondaymorningpros.com/circuit-check-inc-v-qxq-inc-fed-cir-2015
Patent Prosecution Case Law. Topics & Categories. August 30, 2016. CIRCUIT CHECK INC. v. QXQ INC. (Fed. Cir. 2015) (P) Analogous prior art is not demonstrated by simply being within the knowledge of even lay people. July 28, 2015. Whether three additional references rock carvings, engraved signage, and a machining technique known as Prussian Blue constitute analogous prior art. WEEKLY UPDATES TO YOUR INBOX. SPONSORS & SUPPORT. Contact us to become a sponsor.
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THE LATEST: Week of 8/14/16 – 8/20/16
http://www.mondaymorningpros.com/week-of-8215-8815
Patent Prosecution Case Law. Topics & Categories. August 30, 2016. THE LATEST: Week of 8/14/16 8/20/16. August 20, 2016. SCRIPTPRO LLC v. INNOVATION ASSOCIATES, INC. (Fed. Cir. 2016) (P). Original claims can provide written description support even for later added claims. TDE PETROLEUM DATA SOLUTIONS v. AKM ENTERPRISE, INC. (Fed. Cir. 2016) (NP). Ordinary data processing steps to achieve a desired result are not patent-eligible. WEEKLY UPDATES TO YOUR INBOX. SPONSORS & SUPPORT.
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[sub] broad prior art disclosures
http://www.mondaymorningpros.com/category/anticipation/sub-broad-prior-art-disclosures
Patent Prosecution Case Law. Topics & Categories. August 30, 2016. SHIRE LLC v. AMNEAL PHARMACEUTICALS, LLC (Fed. Cir. 2015) (P) The prior art must teach a finite and limited class that includes the compound claimed. September 24, 2015. Whether such a broad disclosure is sufficient to disclose or even suggest the active ingredient LDX as claimed. August 4, 2015. April 16, 2015. Whether the prior art’s substantially broader range disclosure anticipates the narrower claimed range. March 25, 2015. Whether t...
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ETHICON ENDO-SURGERY, INC. v. COVIDIEN, INC. (Fed. Cir. 2015) (P) – Measurement techniques for a claimed value need not be specified if understood by one of ordinary skill
http://www.mondaymorningpros.com/ethicon-endo-surgery-inc-v-covidien-inc-fed-cir-2015
Patent Prosecution Case Law. Topics & Categories. August 30, 2016. ETHICON ENDO-SURGERY, INC. v. COVIDIEN, INC. (Fed. Cir. 2015) (P) Measurement techniques for a claimed value need not be specified if understood by one of ordinary skill. August 7, 2015. Whether the specification (or claims) is required to identify a specific method one of ordinary skill in the art would use to measure the recited clamping/coaptation pressures. WEEKLY UPDATES TO YOUR INBOX. SPONSORS & SUPPORT.
