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    quantumpat
    • Mar 1, 2021

    SIMO Holdings Inc. v. Hong Kong uCloudlink Network Technology, Ltd. (Fed. Cir. Jan. 5, 2021)

    The Court of Appeals for the Federal Circuit ruled that uCloudlink is entitled to summary judgment of noninfringement after rejecting the district court’s claim construction which did not require a "non-local calls database." Some embodiments of SIMO Holdings' invention included a feature not present in every disclosed embodiment, i.e., the "non-local calls database" in the wireless communication client. The district court’s interpretation relied on the Federal Circuit’s deci

    quantumpat
    • Aug 17, 2020

    Bio-Rad Laboratories, Inc. v. 10X Genomics Inc. (Fed. Cir. Aug. 3, 2020)

    The Court of Appeals for the Federal Circuit vacated the district court's judgment that 10X Genomics infringed the patents of Bio-Rad Laboratories and remanded for a new trial on this issue. A key point relating to infringement was whether or not the preamble of Bio-Rad's two patents (8,304,193 patent and 8,329,407) are limiting. 10X argued that, under the correct claim construction, the preambles limit the claims to methods of conducting reactions inside a microfluidic syste

    quantumpat
    • Aug 10, 2020

    Shoes by Firebug LLC v. Stride Rite Children’s Group (Fed. Cir. Jun. 25, 2020)

    The Court of Appeals for the Federal Circuit provided some guidance in this case as to how restrictive the limitations in the preamble are when determining the claims scope. Patent practitioners may be aware that "a preamble limits the invention if it recites essential structure or steps, or if it is ‘necessary to give life, meaning, and vitality’ to the claim." Something that might not be as well known is that "a preamble is not limiting 'where a patentee defines a structur

    quantumpat
    • Dec 31, 2019

    Plastic Omnium Advanced v. Donghee American, Inc. (Fed. Cir. Dec. 3, 2019)

    Interpreting the term "parison" to be limited to a plastic tube that is outside the extruder is correct. Thus, the claimed method including "cutting and opening an extruded parison" (or "extruding a parison" and later "cutting through said parison") does not capture Donghee's process in which the plastic is cut from within a second flat die tool that is part of the extrusion equipment. Moreover, the claimed step does not read on Donghee's process under the doctrine of equiva

    quantumpat
    • Dec 31, 2019

    In re: Fought (Fed. Cir. Nov. 4, 2019)

    Anticipation rejection is overcome because the recitation of “travel trailer” in the preamble served as antecedent basis for a term appearing in the body of a claim and should therefore be considered as a limitation. The "travel trailer" thus is not anticipated by a refrigerated trailer without living quarters. Moreover, an examiner must only articulate the level of ordinary skill in the art when the applicant argues that the level of ordinary skill would change the result.

    quantumpat
    • Dec 31, 2019

    Techtronic Industries Co. Ltd. v. ITC (Fed. Cir. Dec. 12, 2019)

    The specification's consistent description of "a passive infrared detector" that is superior to those in the prior art due to its location in a wall console rather than the head unit disavows wall consoles lacking a passive infrared detector. In such situations, there is no need for express disavowal stating that placing the detector elsewhere is "impossible or even infeasible." Read the case here. #disavowal #claiminterpretation #itc

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