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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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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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