June 12, 2013

Federal Circuit Decisions for Week Ending June 7, 2013

Regents of the University of Minnesota v. AGA Medical Corporation, No. 2012-1167 (June 3, 2013) (precedential) (3-0) Patent No. 6,077,281 & 6,077,281

Key point:

  • For a disclaimer of claimed subject matter to carry forward to subsequent claims, the same or closely related claim language must be present.

Precision Links Inc. v. USA Products Group, Inc., No. 2012-1461 (June 7, 2013) (non-precedential) (3-0) Patent No. 5,673,464

Key points:

  • If the claim construction proposed by the asserting party is reasonable, even if not successful, attorney fees will not be awarded against that party.
  • Frivolous theories and non-investigated allegations of infringement may be subject to attorney fees

Creative Integrated Systems, Inc. v. Nintendo of America, Inc., No. 2012-1579 and 2012-1626 (June 3, 2013) (non-precedential) (3-0) Patent No. 5,241,497

Key points:

  • Plain language of the claim controls for claim construction unless there is a clear and unambiguous disavowal in the specification or prosecution history
  • So long as sufficient structure is present in the specification, means plus function claims are definite.

InterDigital Communications, LLC v. ITC, No. 2012-1628 (June 7, 2013) (precedential) (2-1)

Key points:

  • An ITC order to terminate an investigation is appealable if the ITC order has the same operative effect as a final determination
  • If there is no plausible case to be made for arbitration under an agreement, then any assertion of arbitrability is “wholly groundless”

Related Team:

Steve VerSteeg