April 4, 2013

Federal Circuit Decisions for Week Ending January 18, 2013

Parallel Networks, LLC v Abercrombie & Fitch, Co., No. 2012-1227 (January 16, 2013) (precedential) (3-0) U.S. Patent No. 6,446,111

Key points:

  • A claim shall not be construed so broadly as to include an embodiment contrary to the stated purpose of the invention.
  • Leave to amend an infringement assertion based on a narrow construction requested after the entry of summary judgment shall not be granted if the patentee had opportunity to seek leave prior to the summary judgment ruling.

Allflex USA, Inc. v Avid Identification Systems, Inc., No. 2011-1621 (January 17, 2013) (precedential) (3-0) U.S. Patent Nos. 5,214,409 and 5,499,017

Key point:

  •  A contingency payment in a settlement agreement based on the outcome of appeal does not save the appeal from being moot.

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