July 16, 2020

Federal Circuit Court Decisions For Week Ending March 13, 2020

Personalized Media Communications LLC v. Apple Inc.,
Case No. 2018-1936 (March
13, 2020) (precedential) (3-0); Patent No. 8,191,091

Key point(s):

  • Even where prosecution
    history statements do not rise to the level of unmistakable disavowal, they
    do inform claim construction.
Kaken Pharmaceutical Co., LTD. v.
Iancu,
Case No. 2018-2232 (March 13, 2020) (precedential) (3-0); Patent No.
7,214,506

Key point(s):

  • Express representations
    made by or on behalf of the applicant to the examiner to induce a patent
    grant, which include arguments made to convince the examiner that the claimed
    invention meets the statutory requirements of novelty, utility, and
    nonobviousness, are particularly useful for claim construction.

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