May 3, 2013

Federal Circuit Decisions for Week Ending April 26, 2013

In re Broadcom Corp. et al., Misc. Docket No. 141 (April 24, 2013) (non-precedential) Patent No. 7,756,129

Key point:

  • Under Fifth Circuit law, enforcement of a federal forum-selection clause is governed by 28 U.S.C. § 1404, and the existence of such a clause is only one of many factors in considering whether to transfer venue.

In re Violation of Rule 50, Misc. Docket No. 147 (April 24, 2013) (non-precedential)

Key points:

  • Conflict procedures should adequately identify attorney conflicts, including matters from an attorney’s previous employment.
  • Even after following conflicts procedures, common sense and vigilance are required to avoid conflicts.

CEATS, Inc. v. Continental Airlines, Inc., No. 2012-1614 (April 26, 2013) (non-precedential) (2-1) Patent Nos. 7,454,361; 7,548,866; 7,660,728; and 7,548,869

Key points:

  • Testimony offered to invalidate a patent must be corroborated with non-testimony evidence, the sufficiency of which is determined under a rule of reason.
  • If a term is not construed by the court, embodiments in the specification can support a jury’s interpretation of the term and application to the prior art.

Biosig Instruments, Inc. v. Nautilus, Inc., No. 2012-1289 (April 26, 2013) (precedential) (3-0) Patent No. 5,337,753

Key points:

  • A claim term is not indefinite if a person of ordinary skill in the art would understand the scope by referring to the specification and even performing limited experimentation.
  • Functional language can properly limit a claim.

Related Team:

Aaron Perkins