September 18, 2014

Federal Circuit Decisions for Week Ending September 12, 2014

Homeland Housewares, LLC, v. Sorensen Research and Development Trust, Nos. 2013-1345, -1383 (September 8, 2014) (nonprecedential) (3-0) Patent No. 6,599,460

Key point(s):

  • The movant’s evidence in a motion for summary judgment of noninfringement may be used by the non-movant as evidence of infringement, but after the movant has presented a prima facie case of noninfringement, the burden shifts to the non-movant to affirmatively produce evidence sufficient to establish a factual dispute for the jury.

Homeland Housewares, LLC, v. Sorensen Research and Development Trust, Nos. 2013-1537 (September 8, 2014) (nonprecedential) (3-0) Patent No. 6,599,460

Key point(s):

  • Since “exceptional” cases are determined under the “totality of the circumstances,” courts need not limit award of fees to those costs incurred in responding to specific acts of litigant misconduct.

Scientific Plastic Products, Inc., v. Biotage AB, Nos. 2013-1219, -1220, -1221 (September 10, 2014) (precedential) (2-1) Patent Nos. 7,138,061, 7,381,327, and 7,410,571

Key point(s):

  • Even absent an explicit acknowledgement of a particular design problem, the inclusion of a particular design element may be read to imply that the element was introduced to solve the problem.

Interval Licensing LLC, v. AOL, Inc., Nos. 2013-1282, -1283, -1284, -1285 (September 10, 2014) (precedential) (2-0) Patent Nos. 6,034,652 and 6,788,314

Key point(s):

  • Using claim terms of degree to describe distinct embodiments may require some measure of objective guidelines for each embodiment.
  • While a claim phrase may be sufficiently defined through examples, courts will not choose a single “e.g.” phrase as an exclusive definition of a facially subjective term.

Facebook, Inc. v. Pragmatus AV, LLC, Nos. 2013-1350, -1351 (September 11, 2014) (nonprecedential) (3-0) Patent Nos. 7,421,470 and 7,433,921

Key point(s):

  • In reexamining an unexpired patent, claims must be construed under the broadest reasonable interpretation in light of the specification and prosecution history.

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