Coverage since November 3, 1994

Federal Circuit

Uncategorized

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

Uncategorized

CCS Fitness v. Brunswick Corp. — Claim Term “Member” Carries Ordinary Meaning; Not Limited to Single-Component Structure Shown in Patent Drawings

The Federal Circuit reversed a narrow claim construction, holding that the claim term “reciprocating member” in an exercise equipment patent should be given its ordinary meaning encompassing multi-component and curved structures, not limited to the single straight bar depicted in the spe

Uncategorized

Johnson & Johnston Associates v. R.E. Service Co. — En Banc Federal Circuit Holds Disclosed-But-Unclaimed Subject Matter Is Dedicated to the Public

In an en banc decision, the Federal Circuit held that subject matter disclosed in a patent specification but not claimed is dedicated to the public and cannot be recaptured through the doctrine of equivalents — patentees who fail to claim a disclosed alternative cannot later assert it as equivalent

Uncategorized

Rexnord Corp. v. Laitram Corp. — Specifications Describe Preferred Embodiments and Cannot Limit Claims to Those Embodiments Absent Clear Disclaimer

The Federal Circuit reversed a summary judgment of non-infringement in a modular conveyor belt patent case, holding that the district court improperly limited the claim term ‘portion’ to a narrow construction requiring physical separation, when the plain meaning of ‘portion’

Uncategorized

Bio-Technology General Corp. v. Genentech, Inc. — Patent on Recombinant Human Growth Hormone Is Enabled Even Though Process Produces Predominantly Met-hGH Rather Than Mature hGH

The Federal Circuit reversed a judgment of invalidity for lack of enablement, holding that a patent on a recombinant method for producing human growth hormone (hGH) was adequately enabled even though the process predominantly produced met-hGH (containing an extra methionine residue) rather than matu

Uncategorized

Toro Co. v. White Consolidated Industries — Separating a Unitary Claim Structure into Two Pieces May Infringe Under Doctrine of Equivalents

The Federal Circuit vacated summary judgment and remanded for trial, holding that splitting a claimed unitary structure into two separate components may constitute infringement under the doctrine of equivalents even when the literal claim requirement for a single integrated piece is not met.

Scroll to Top