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Articles tagged with dunner

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.        

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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.        

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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.        

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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.

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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.

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