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
- 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In Re Taylor Made Golf Company, Inc., No. 2013-1552, (September 30, 2014) (nonprecedential) (2-0) Patent No. 7,344,450
- Common/background knowledge of person having ordinary skill must be considered when conducting an obviousness analysis.
- Wikipedia articles are indicative of common knowledge.