September 29, 2023

Federal Circuit Summary for Week Ending September 29, 2023

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WSOU Investments, LLC v. Google, LLC, No. 2022-1066, 2022-1067 (September 25, 2023) (nonprecedential); Patent Nos. 7,304,563 and 8,238,681

Key point(s):

  • In determining whether sufficient structure exists for a limitation subject to 35 U.S.C. § 112, ¶ 6, a skilled artisan’s knowledge is to be used as a lens for interpretation rather than a gap filler of the specification’s disclosure.
  • Courts will not redraft claims to contradict their plain language to avoid a nonsensical result.

Masimo Corporation v. Sotera Wireless, Inc., No. 2022-1415 (September 28, 2023) (nonprecedential); Patent No. RE47,218

Key point(s):

  • Disclosure of a narrow embodiment in the specification will not be read into the claim to contradict the plain language of the claim and what a POSITA would believe the claim to mean in view of the specification.

Related Team:

Marcus Hammack