Enerpol, LLC v. Schlumberger Technology Corp., Nos. 2019-1079, 2019-1120 (March 31, 2020)
(non-precedential); Patent No. 6,949,491
Key point(s):
- A term is construed as a
single phrase in claim construction if the specification consistently
describes it as such.
Deep Green Wireless LLC
v. Ooma, Inc.
, No. 2019-1570
(March 31, 2020) (non-precedential); Patent No. RE42,714
Key point(s):
- The disclosure of one
embodiment in the specification does not mean that broadly written claim
language must be limited to that embodiment.
Intellisoft, Ltd. v.
Acer America Corp.
, No.
2019-1522 (April 3, 2020) (precedential) (3-0); Patent No. 5,410,713
Key point(s):
- Factual evidence regarding
patents in state law claims is not enough to “necessarily raise” patent law
issues required for removal to federal court under 28 U.S.C. § 1441.
- Legally inoperative
counterclaims are not “asserted” counterclaims and cannot be removed to
federal court under 28 U.S.C. § 1454.
Myco Industries, Inc.
v. BlephEx, LLC,
No.
2019-2374 (April 3, 2020) (precedential) (3-0); Patent No. 9,039,718
Key point(s):
- A showing of bad faith is
required before a patentee can be enjoined from communicating its patent
rights.
- Under the medical immunity
statute, medical practitioners are not immune from infringement, but rather
the patentee cannot seek a remedy for such infringement.
Taylor v. Iancu, No. 2018-1070 (April 3, 2020) (non-precedential);
Patent App. No. 11/391,501
Key point(s):
- A specification that does
not describe the combination of multiple different versions that are claimed
in combination lacks written description.
- An applicant’s admission
that there was not a suitable platform to implement the claimed invention is
evidence that the inventor was not in possession of the claimed invention as
of the filing date.
Taylor v. Iancu, No. 2018-1048 (April 3, 2020) (non-precedential) ;
Patent App. No. 10/425,553
Key point(s):
- A specification that does
not describe how multiple features are integrated simultaneously lacks
written description if the claim requires that the multiple features be performed
concurrently.
- An applicant admitting
there was a lack of a suitable platform to implement a claimed idea is
evidence that the specification did not demonstrate possession of the claimed
invention.
Taylor v. Iancu, No. 2018-1047 (April 3, 2020) (non-precedential); Patent
App. No. 11/807,860
Key point(s):
- A specification must enable
simulation of all modes of operation to enable the claims to be performed by
a person of skill.
• An applicant admitting
there was a lack of a suitable platform to implement a claimed idea is
evidence that the specification did not demonstrate possession of the claimed
invention.
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