Steven E. Roberts, Partner

Publications & Media

Federal Circuit Decisions for Week Ending January 16, 2015

Bard Peripheral Vascular, Inc. v. W.L. Gore & Assocs., Inc., No. 2014-1114, January 13, 2015 (precedential) (2-1), Patent No. 6,436,135

Key point(s):

  • For a determination of willful patent infringement, objective recklessness will not be found where the accused infringer has raised a “substantial question” as to the validity or noninfringement of the patent.

In re Stoller, No. 2014-1271, January 15, 2015 (nonprecedential), Appln. No. 11/217,904

Key point(s):

  • Claim construction begins with the plain language of the claims.
  • An erroneous construction may constitute harmless error.

NeuroRepair, Inc. v. The Nath Law Group, No. 2013-1073, January 15, 2015 (precedential) (3-0)

Key point(s):

  • State law legal malpractice claims will very rarely arise under federal patent law and be proper for removal to federal court.