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Federal Circuit

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Genuine Enabling Technology LLC v. Nintendo Co., Ltd. — Federal Circuit Reverses Claim Construction, Holds Extrinsic Evidence Cannot Create Scope Limit Not in Intrinsic Record

The Federal Circuit reversed a claim construction that relied on extrinsic expert testimony to impose a specific frequency threshold on the term “input signal,” holding that extrinsic evidence cannot establish a claim scope limit that has no basis in the patent’s intrinsic record.

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In re Volkswagen Group of America, Inc. — Federal Circuit Holds Independently-Owned Dealerships Are Not a Manufacturer’s “Regular and Established Place of Business” for Patent Venue

The Federal Circuit granted mandamus and transferred patent suits against Volkswagen and Hyundai out of the Western District of Texas, holding that independently-owned dealerships do not constitute the manufacturers’ regular and established places of business for patent venue purposes absent d

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Regents of the University of California v. Broad Institute — Federal Circuit Awards CRISPR Patent Interference Victory to Broad Institute

The Federal Circuit affirmed the PTAB’s award of CRISPR gene-editing patent rights to the Broad Institute over UC Berkeley, holding that UC’s earlier reduction to practice in prokaryotic cells did not establish a continuous conception and reduction to practice in eukaryotic cells — the m

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In re Elster — Federal Circuit Holds Lanham Act’s Bar on Registering Living Person’s Name Without Consent Violates First Amendment

The Federal Circuit struck down the Lanham Act’s prohibition on registering marks that include a living person’s name without their consent as applied to “TRUMP TOO SMALL,” holding it was an unconstitutional restriction on speech critical of public figures — though the Supreme Court later reversed.

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