November 27, 2017

Federal Circuit Court Decisions For Week Ending November 10, 2017

Pavo Solutions LLC v. Kingston Technology Company, Inc.; Case Nos. 2016-2209, -2328, – 2391 (nonprecedential) (November 6, 2017) Patent No. 6,926,544

Key point(s):

  • When two different claim terms are used in different claims, but the surrounding language and specification treat them interchangeably, they should be construed as interchangeable. 

Industrial Models, Inc. v. SNF, Inc., Case Nos. 2017-1172, -1173 (nonprecedential) (November 7, 2017)

Key point(s):

  • When a party has sent cease and desist letters and has refused to sign a covenant not to sue, the fact that the party sold its assets prior to a declaratory judgment action does not deprive the court of subject matter jurisdiction of that action.

Sanofi v. Watson Laboratories Inc., Case No. 2016-2722, -2726, (precedential 3-0), (November 9, 2017) Patent Nos. 8,318,800, 8,410,167

Key point(s):

  • Prosecution history estoppel does not extend between parent and child applications when the narrowing language does not appear in the child application.
  •  There is no “substantial noninfringing use” exception for induced infringement.

Related Team:

Marcus Hammack