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Coverage since November 3, 1994

Federal Circuit

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In re Cruciferous Sprout Litigation — Recognizing Unknown but Inherent Properties of Known Subject Matter Does Not Create Patentable Invention

The Federal Circuit affirmed invalidation of patents covering methods of preparing cruciferous sprout food products for cancer prevention, holding that the patents were anticipated because the glucosinolate content and Phase 2 enzyme-inducing properties of broccoli sprouts were inherent characterist

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Riles v. Shell Exploration and Production Co. — Patent Damages Must Reflect the Value of the Patented Contribution, Not the Entire Accused Product’s Value

The Federal Circuit affirmed infringement of an offshore platform installation patent under the doctrine of equivalents but vacated the damages award, holding that all three damage models presented by the patentee’s expert were legally flawed because they based royalty calculations on the enti

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New Railhead Manufacturing, L.L.C. v. Vermeer Manufacturing Co. — Inadequate Provisional Application Disclosure Triggers On-Sale Bar for Later Non-Provisional Patent

The Federal Circuit held that a patent claiming the priority date of a provisional application is invalid under the on-sale bar if the provisional specification failed to adequately describe the claimed invention, because the patent cannot claim priority it did not earn.

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Catalina Marketing International v. Coolsavings.com — Method Claim Preamble Is Not Limiting Unless Patentee Relied on It to Distinguish Prior Art

The Federal Circuit affirmed non-infringement in an e-commerce coupon patent case, holding that preamble language in a method claim does not limit the claim’s scope when the claim body describes a structurally complete invention and the patentee did not rely on the preamble to distinguish prio

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