May 8, 2015

Federal Circuit Court Decisions For Week Ending April 24, 2015

Sweepstakes Patent Company, LLC v. Chase Burns, No. 2014-1851, April 20, 2015 (nonprecedential); U.S. Patent Nos. 5,569,082 and 5,709,603

Key point(s):

  • Waiver is governed by local circuit law, and in most circuits the doctrine of waiver prohibits parties from raising new arguments on appeal that were not raised at the district court.

Info-Hold, Inc. v. Muzak LLC, , No. 2014-1167, April 24, 2015 (precedential) (3-0); U.S. Patent No. 5,991,374

Key point(s):

  • To prove inducement of infringement, the patentee must show that the accused inducer took an affirmative act to encourage infringement with the knowledge that the induced acts constitute patent infringement.
  • The words of a claim are generally given their ordinary and customary meaning, as understood by one of ordinary skill in the art reading the claims in the context of the specification and prosecution history.

Info-Hold, Inc. v. Applied Media Technologies Corporation, No. 2013-1528, April 24, 2015 (precedential) (3-0), U.S. Patent No. 5,991,374,

Key point(s):

  • Limitations for a preferred embodiment will not be read into the claims of a patent without a clear intention by the patentee to restrict the scope of the claims to that embodiment.

Related Team:

W. Bruce Patterson

Partner, Practice Head