Federal Circuit Summary for Week Ending February 24, 2023
Bondyopadhyay v. United States, No. 2022-2155 (February 22, 2023) (non-precedential); Patent Nos. 6,292,134 & 11,296,408
- Potential future infringement of a patent is an alleged future injury that is conjectural or hypothetical.
M2M Solutions, LLC., v. Amazon.com, Inc., Nos. 2022-1122 & 2022-1124 (February 22, 2023) (non-precedential); Patent Nos. 9,961,477 & 10,038,989
- To depart from interpreting the words of a claim under normal usages of the term, an inventor must clearly use the claim term in a manner contrary to its plan and ordinary meaning.
- Collateral estoppel is not limited to patent claims that are identical.
Maalouf, v. Microsoft Corporation, No. 2022-1164 (February 23, 2023) (non-precedential); Patent No. 9,503,627
- A portion of an exemplary embodiment from the specification should not be imported into a claim.
Ultravision Technologies, LLC., v. Govision, LLC., , No. 2022-1098 (February 23, 2023) (non-precedential); Patent Nos. 9,047,791, 9,666,105, & 9,916,782
- Claim terms are construed based on their ordinary meaning to a person of skill in the art who has read the entire specification and all the claims.
- Claim differentiation is a guide, not a rigid rule, and does not alter a construction otherwise compelled by the intrinsic record.
Jazz Pharmaceuticals, Inc., v. Avadel CNS Pharmaceuticals, LLC, No. 2023-1186 (February 24, 2023) (precedential) (3-0); Patent No. 8,731,963
- Method claims require the performance of steps; claims that describe physical components of a whole are system claims or apparatus claims.
Intel Corp. v. PACT XXP Schwiez AG, No. 2023-1139 (February 24, 2023) (non-precedential); Patent No. 9,552,047
- Claims should generally be construed according to their plain and ordinary meaning in view of the intrinsic record.
Intel Corp. v. PACT XXP Schwiez AG, No. 2023-1138 (February 24, 2023) (non-precedential); Patent No. 9,436,631
- A prima facie case of obviousness does not require a showing that relevant aspects of one reference could be “bodily incorporated” or physically combined with another reference.