DDR Holdings, LLC v. Priceline.com LLC, Nos. 2023-1176, 2023-1177 (December 9, 2024) (precedential) (3-0); Patent No. 7,818,399

Key point:

• When a first patent incorporates a second patent by reference, the disclosure of the first patent provides context to determine what impact, if any, the second patent incorporated by reference will have on construction of the claims of the first patent.

Crown Packaging Tech., Inc. v. Belvac Prod. Mach., Inc., Nos. 2022-2299, 2022-2300 (December 10, 2024) (precedential) (3-0); Patent Nos. 9,308,570; 9,968,982; and 10,751,784

Key points:

• A detailed offer for sale subject to written acceptance may still constitute an invalidating offer for sale and not merely an invitation to make an offer.
• An offer directed to a U.S. company at its U.S. address satisfies the “in this country” requirement of pre-AIA § 102(b), even if made by a foreign entity.

3G Licensing, S.A. v. Honeywell Int’l Inc., No. 2023-1557 (December 10, 2024) (nonprecedential); Patent No. 7,215,653

Key point:

• An argument raised in a pre-institution response must be maintained in a post-institution response, otherwise the argument is waived.

Intel. Corp. v. Pact XPP Schweiz AG, No. 2023-1537 (December 11, 2024) (nonprecedential); Patent No. 8,312,301

Key point:

• The level of skill in the art and the scope and content of the prior art are fact questions reviewed for substantial evidence.

Vivint, Inc. v. ADT LLC, No. 2023-1995 (December 11, 2024) (nonprecedential); Patent No. 10,325,159

Key points:

• It is generally improper to import a limitation from the specification into the claims.
• Extrinsic evidence alone cannot serve to limit a claim’s scope.