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Federal Circuit

Federal Circuit
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Koninklijke Philips N.V. v. Thales DIS AIS USA LLC — Federal Circuit Holds Speculative Customer Concerns Are Insufficient to Show Irreparable Harm for Preliminary Injunction

The Federal Circuit affirmed denial of a preliminary injunction, holding that speculative harms and generalized customer concerns about potential future harm do not constitute the concrete evidence of irreparable injury required to support preliminary patent injunctive relief.

Federal Circuit
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LG Electronics Inc. v. ImmerVision, Inc. — Federal Circuit Holds Obvious Transcription Errors in Prior Art Cannot Support Invalidity Finding

The Federal Circuit held that prior art references containing obvious transcription errors — mistakes that a skilled artisan would immediately recognize as misstatements — cannot be used to establish unpatentability, because the erroneous content does not accurately disclose the state of the art.

Federal Circuit
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Centripetal Networks v. Cisco Systems — Federal Circuit Vacates $2.75 Billion Award After Judge’s Failure to Recuse Over Spouse’s Stock Ownership

The Federal Circuit vacated a $2.75 billion patent infringement judgment against Cisco, holding that the trial judge was disqualified from hearing the case after discovering his wife owned Cisco stock — placing the stock into a blind trust did not satisfy the federal recusal statute’s divestiture re

Federal Circuit
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Kaufman v. Microsoft Corp. — Federal Circuit Upholds $7 Million Patent Damages Verdict, Addresses Claim Construction Preservation and Prejudgment Interest

The Federal Circuit affirmed a $7 million patent infringement damages verdict against Microsoft, holding that claim construction challenges must be preserved in a party’s opening brief to be raised on appeal, and reversed the denial of prejudgment interest as an abuse of discretion.

Federal Circuit
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Google LLC v. IPA Technologies Inc. — Federal Circuit Vacates IPR Decision for Failure to Resolve Conflicting Testimony on Prior Art Inventorship

The Federal Circuit vacated a PTAB final written decision for failing to resolve conflicting expert testimony about whether a third party qualified as a joint inventor of a prior art reference, holding that the Board cannot deem all witnesses credible when their accounts are mutually contradictory.

Federal Circuit
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Auris Health, Inc. v. Intuitive Surgical Operations — Federal Circuit Holds General Industry Skepticism Cannot Negate Motivation to Combine

The Federal Circuit reversed the PTAB’s finding of non-obviousness, holding that generalized industry skepticism about robotic surgery cannot alone overcome a motivation to combine prior art references — the skepticism must target the specific problem addressed by the claimed invention.

Federal Circuit
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Roche Diagnostics Corp. v. Meso Scale Diagnostics, LLC — Federal Circuit Reverses $137 Million Verdict, Clarifies Actual Knowledge Required for Induced Infringement

The Federal Circuit reversed a $137 million induced infringement verdict against Roche, holding that induced infringement requires actual knowledge that the induced acts constitute patent infringement, not merely a ‘knew or should have known’ standard.

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.

Federal Circuit
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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

Federal Circuit
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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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