October 22, 2019

Federal Circuit Court Decisions For Week Ending July 19, 2019

In re Rudy, No. 2018-2106 (July 18, 2019) (nonprecedential); Patent App. No. 10/360,681 

Key point(s):

  • To anticipate a claim, a reference must describe each and every element as set forth in the claim.

CCS Technology, Inc. v. Panduit Corp., Nos. 2018-1733 and 2018-1734 (July 19, 2019) (nonprecedential); Patent Nos. 6,869,227 and 6,758,600

Key point(s):

  • If a claim does not explicitly recite a limitation and the patent specification describes other embodiments without the limitation, the claim is not likely to be construed as including this limitation.
  • The use of “includes” in a patent specification when explaining an element is best understood as an illustrative example, rather than a definition.
  • The same limitation in different claims of the same patent or related patents should carry the same construed meaning, and this principle is only overcome if it is clear that the same limitation has different meanings in different claims.

Related Team:

Steven E. Roberts