October 9, 2014

Federal Circuit Decisions for Week Ending October 3, 2014

EMD Millipore Corporation v. Allpure Technologies, Inc., No. 2014-1140, (September 29, 2014) (precedential) (3-0) Patent No. 6,032,543

Key point(s):

  • The patentee bears the burden of rebutting a presumption of prosecution history estoppel, and a failure to rebut a presumption of prosecution history estoppel on a narrowed claim limitation will bar doctrine of equivalents arguments on that narrowed claim limitation.

In Re Taylor Made Golf Company, Inc., No. 2013-1552, (September 30, 2014) (nonprecedential) (2-0) Patent No. 7,344,450

Key point(s):

  • Common/background knowledge of person having ordinary skill must be considered when conducting an obviousness analysis.
  • Wikipedia articles are indicative of common knowledge.

Related Team:

Daniel McManus

Of Counsel