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Federal Circuit

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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

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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

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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’

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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

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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.

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Exxon Research & Engineering Co. v. United States — Close Questions of Claim Construction Do Not Automatically Render Claims Indefinite

The Federal Circuit reversed a summary judgment of invalidity for indefiniteness, reaffirming that claims are sufficiently definite under § 112 if a person skilled in the art would understand the bounds of the claim when read in light of the specification — close questions of claim construction do n

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