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CAFC Blog (www.cafcblog.com), an Andrews Kurth Kenyon LLP resource, keeps practitioners up-to-date on the most recent IP decisions from the U.S. Court of Appeals for the Federal Circuit. About Andrews Kurth Kenyon LLP For more than...
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The contributors to this blog are Andrews Kurth Kenyon Intellectual Property attorneys from throughout the country. Their backgrounds and areas of concentration allow them to provide comprehensive analyses of recent Federal Circuit Court opinions.  ...

Patent Claiming Antidote for Acetaminophen Overdoses Not Invalid as Either Derived From Another or Obvious Over the Prior Art

CUMBERLAND PHARMS. INC. v. MYLAN INSTITUTIONAL LLC:  Jan. 26, 2017.   Before Moore, Reyna, and Taranto. Takeaway: To prove that a claimed invention was derived from another, a defendant must show that the specific invention was previously conceived by someone else and then communicated to the named inventor. There is no …

District Court Correctly Analyzed Likelihood of Success and Irreparable Harm Elements When Granting Preliminary Injunction

TINNUS ENTERPRISES, LLC V. TELLEBRANDS CORP.: Jan. 24, 2017.  Before Moore, Wallach, and Stoll. Takeaway: Instruction manuals that teach a claim element can be used as circumstantial evidence of a customer’s direct infringement. Claim terms are not indefinite when the claims themselves provide parameters for determining whether the disputed limitation …

Graphical User Interface Improvements Without Pre-Electronic Analog Found Patent Eligible

TRADING TECHS. INT’L, INC. v. CQG, INC.: Jan. 18, 2017. Before Newman, O’Malley, Wallach. Takeaway: A new application or computer-implemented function is patent eligible when it is not simply the use of a computer to conduct a known process, but rather improves the whole system’s capability. Procedural Posture: Judge Coleman …

Attorney’s Fees and Sanctions Awarded for Vexatious Conduct Where a Party Continued to Litigate After Reaching a Settlement Agreement with Opposing Party

WALKER v. HEALTH INT’L CORP.: Jan. 6, 2017. Before Reyna, Hughes, and Stoll. Takeaway: An appellate court can award attorney’s fees and costs as sanctions under Federal Rule of Appellate Procedure 38 which allows for single or double costs to the appellee if an appeal is frivolous. An appeal is …

The Term “Visually Negligible” Found Not Indefinite Where the Written Description Provided a Skilled Artisan With an Understanding, with Reasonable Certainty, of What it Means

SONIX TECH. CO. v. PUBLICATIONS INT’L, LTD.: Jan. 5, 2017. Before Lourie, O’Malley, and Taranto. Takeaway: Claims involving terms of degree are not inherently indefinite, and have been found definite where they provide enough certainty to one of skill in the art when read in the context of the invention. …

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