December 27, 2013

Federal Circuit Decisions for Week Ending December 20, 2013

Cognex Corp. v. Int’l Trade Comm’n (December 16, 2013) Case No. 2011-1098 (nonprecedential); Patent No. 7,016,539

Key point(s):

  • Challenges to independent grounds of a non-infringement finding are waived if not raised in an opening appeal brief.

Motorola Mobility, LLC v. Int’l Trade Comm’n (December 16, 2013) Case No. 2012-1535 (precedential); Patent No. 6,370,566 et seq.

Key point(s):

  • An anticipation-by-inherency argument requires more than probabilities or possibilities.

Astrazeneca AB v. Hanmi USA, Inc. (December 19, 2013) Case No. 2013-1490 (nonprecedential), Patent Nos. 5,714,504 and 5,877,192

Key point(s):

  • A clear disclaimer of claim scope in the written description narrows the claim to elements specified in the written description.
  • Merely citing language in the prosecution history may be insufficient to overcome clear disclaimer language in the written description.

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