January 14, 2015

Federal Circuit Decisions for Week Ending January 9, 2015

Teashot.LLC v. Green Mountain Coffee Roasters, Inc. et al., No. 2014-1323, January 5, 2015 (nonprecedential) Patent No. 5,895,672

Key point(s):

  • An embodiment that does not depict or discuss a particular claim element does not contradict a construction of that element that is otherwise consistent with claim language and the description of other embodiments in the specification.
  • Failure to timely disclose contentions that accused products infringe under the doctrine of equivalents can result in a waiver of the right to assert such infringement theories.

In re Shaneour, No. 2014-1518, January 8, 2015 (nonprecedential) Application No. 11/794,995,672

Key point(s):

  • Obviousness requires indulging the assumption that a skilled artisan had knowledge of all prior art in the relevant field of endeavor.
  • A claim preamble does not limit the relevant field of endeavor for prior art purposes when it merely states the purpose or intended use of the invention.

Delano Farms Company et al., v. The California Table Grape Commission et al., No. 2014-1030, January 9, 2015 (precedential) (3-0) Patent Nos. PP16,229 & PP16,284

Key point(s):

  • An express confidentiality agreement or other circumstances creating a similar expectation of secrecy may negate a public use when there is not a commercial exploitation.
  • If members of the public are not informed of, and cannot readily discern, the claimed features of the invention in the allegedly invalidating prior art, the public has not been put in possession of those features.

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