Carleton Clauss, Partner

Publications & Media

Federal Circuit Court Decisions For Week Ending March 9, 2018

Grecia v. McDonald’s Corporation, No. 2017-1672 (March 6, 2018) (nonprecedential) Patent Nos. 8,533,860 and 8,402,555

Key point(s):

  • An accused infringer who must act to put a claimed system into service, but does not possess any element of the claimed system, is a direct infringer only if it obtains a benefit from each and every claim element.

Capital Security Systems v. NCR Corporation, No. 2017-2368 (March 7, 2018) (nonprecedential) Patent Nos. 5,897,625; 7,653,600; 7,991,696; and 8,121,948

Key point(s):

  • Broad claim language is not indefinite if supported by multiple examples in the specification.

Ottah v. Fiat Chrysler, No. 2017-1842 (March 7, 2018) (precedential) (3-0) Patent No. 7,152,840

Key point(s):

  • Claim construction from previous decisions controls in current proceedings in the absence of an error or some other reason to depart from the rules of collateral estoppel or stare decisis.
  • Although pro se litigants are held to less stringent standards, their complaint still must meet minimal standards to avoid dismissal.

Exergent Corporation v. Kaz USA, Inc., No. 2016-2315, 2341 (March 8, 2018) (nonprecedential) Patent Nos. 6,292,685 and 7,787,938

Key point(s):

  • Invalidity under § 101 can contain underlying factual issues, in which case the district court’s finding should be reviewed for clear error