September 11, 2017

Federal Circuit Court Decisions For Week Ending August 4, 2017

Honeywell International Inc. v. Mexichem Amanco Holdings S.A.
DE C.V. No. 2016-1996 (August 1, 2017) (precedential, 2-1) Patent No. 7,534,336

Key point(s):

  • An important factor when evaluating inherent properties is whether they are unexpected or unknown.
  • A new ground of rejection exists only if the “applicants have [not] had fair opportunity to react to the thrust of the rejection.”  

Enzo Biochem Inc., v. Applera Corp., No. 2016-1881 (August 2, 2017) (nonprecedential) Patent No. 5,449,767

Key point(s):

  • The doctrine of equivalents cannot include a structure or element that is specifically excluded from the scope of the claims.

Homeland Housewares, LLC, v. Whirlpool Corp., No. 2016-1511 (August 4, 2017) (precedential, 2-1) Patent No. 7,581,688

Key point(s):

  • Where parties dispute proper scope of claims, the PTAB must provide an explicit claim construction.
  • The court will look to the specification for construction for both the issue claims and the prior art.

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