Healthier Choices Management Corp. v. Philip Morris USA, Inc., No. 2023-1529 (November 22, 2024) (nonprecedential); U.S. Patent No. 10,561,170

Key point(s):

• Claim amendments that exclude a particular element as having a “negative limitation” must rely on an express statement to that effect to satisfy the written description requirement.
• Expert testimony can constitute substantial evidence of anticipation when the expert explains in detail how each claim element is disclosed in the prior art reference.

DoggyPhone LLC, v. Tomofun LLC, No. 2023-1791 (November 21, 2024) (nonprecedential); Patent No. 9,723,813

Key point:

• When infringement under the doctrine of equivalents is not pursued on appeal and the district court’s finding of no literal infringement is affirmed, summary judgment of non-infringement is affirmed.