United States: O2 Micro Does Not Apply When Jury Explicitly Told By Court To Use Only The Court’s Claim Construction - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In Function Media, L.L.C. v. Google Inc., No. 12-1020, the Federal Circuit affirmed the district court’s determination that one patent was invalid as indefinite and the jury’s verdict that two other patents were invalid and not infringed.
circuit
construction
court
determination
dunner
farabow
federal
finnegan
function
garrett
google
henderson
llp
micro
states
united
Found 1 month ago on channel
Mondaq
United States: To Prove Lack Of Enablement, The Challenger Must Present More Than Mere Unsubstantiated Expert Testimony That Undue Experimentation Is Required To Practice The Invention - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In Cephalon, Inc. v. Watson Pharmaceuticals, Inc., No. 11-1325, the Federal Circuit reversed the district court’s finding that the asserted patents were invalid for lack of enablement, and affirmed the district court’s finding of noninfringement.
cephalon
circuit
dunner
enablement
experimentation
farabow
federal
finnegan
garrett
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invention
llp
noninfringement
pharmaceuticals
practices
states
united
watson
Found 1 month ago on channel
Mondaq
United States: A Claim Element Is Vitiated If No Equivalent Exists In An Accused Infringing Device Based On Either The "Function-Way-Result" Or "Insubstantial Differences" Tests - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
In Brilliant Instruments, Inc. v. GuideTech, LLC, No. 12-1018, the Federal Circuit reversed the district court’s grant of SJ for noninfringement and remanded the case to the district court.
circuit
devices
difference
dunner
elements
farabow
federal
finnegan
function-way-result
garrett
guidetech
henderson
instruments
llc
llp
noninfringement
states
united
vitiated
Found 1 month ago on channel
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United States: A Claim Construction Excluding The Preferred Embodiment Is "Rarely, If Ever, Correct" - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Patent applications that describe a "preferred embodiment" often include claims directed to that embodiment, and this issue was recently considered in Accent Packaging, Inc. v. Leggett & Platt, Inc., No. 2012-1011.
accent
application
construction
dunner
embodiment
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finnegan
garrett
henderson
leggett
llp
platt
states
united
Found 1 month ago on channel
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United States: ChaCha Search, Inc. v. Grape Tech. Grp., Inc., 105 U.S.P.Q.2d 1298 (TTAB Dec. 27, 2012) - Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
The TTAB denies cancellation counterclaim based upon mere descriptiveness of a per se number mark, and rejects party’s attempt to add a "failure to function as a mark" to its counterclaims after a fifteen-month delay.
cancellation
chacha
dec
descriptiveness
dunner
farabow
finnegan
function
garrett
grp
henderson
llp
states
ttab
united
Found 1 month ago on channel
Mondaq