April 5, 2013

Federal Circuit Decisions for Week Ending February 8, 2013

Accent Packaging, Inc. v. Leggett & Platt, Inc. No. 2012-1011 (February 4, 2013) (precedential) Patent Nos. 7,373,877 and 7,412,992

Key points:

  • Claim construction should not generally exclude a preferred embodiment.
  • A device doesn’t infringe simply because it can be altered to infringe, if that is not the way it is sold or intended to be used.

Arkema Inc. and Arkema France v. Honeywell Int’l, Inc. No. 2012-1308 (2/5/2013) (precedential) Patent Nos. 8,033,120 and 8,065,882

Key point:

  • A declaratory judgment plaintiff is not required to show it has performed actual acts of direct infringement for a justiciable controversy to exist.

Related Team:

Orson Bell