April 23, 2019
Federal Circuit Court Decisions For Week Ending April 12, 2019
ATI Technologies ULC v. Iancu, Nos. 2016-2222, 2016-2406, 2016-2608 (April 11, 2019) (precedential, 3-0); Patent Nos. 6,897,871; 7,327,369 and 7,742,053
Key point:
- Evidence showing diligence in reduction to practice need not be focused only on specific claimed features and can include optional features and alternatives.
Omega Patents, LLC v. CalAmp Corp., No. 2018-1309 (April 8, 2019) (precedential, 3-0); Patent Nos. 6,346,876; 6,756,885; 7,671,727 & 8,032,278
Key points:
- Key prior art should be offered into evidence even if a claim construction appears to render such prior art inapplicable.
- Evidence of advice of counsel is relevant for the specific intent element of induced infringement.