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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.  ...

Specific Board Findings Are Not Necessary Where a Patent and Prior Art Reflect the Appropriate Level of Skill in the Art

Authored by Michael Block, Jean Dassie and Vaibhav Sharma RUDOLPH TECHNOLOGIES v. CAMTEK: Dec. 22, 2016. Before Newman, Reyna (dissent-in-part), and Stoll, per curiam. (non-precedential) The Takeaway: Where a patent and prior art reflect the appropriate level of skill, and it is not an issue presented by the parties, an …

Prior Art Disclosing a “Chain of Stores” Does Not Anticipate a Patent Limited to a “Single Merchant”

Authored by Michael Block, Jean Dassie and Vaibhav Sharma D’AGOSTINO v. MASTERCARD INTERNATIONAL: Dec. 22, 2016. Before Taranto, Linn, and Stoll. The Takeaway: A patent with a “single merchant” limitation is not anticipated by a prior art reference that disclosed an embodiment directed to a “chain of stores.” Procedural Posture: …

Permanent Injunction is not Overly Broad Where the Plaintiff Would Not Enforce the Injunction Against Noninfringing Uses

Authored by Michael Block, Jean Dassie and Vaibhav Sharma UNITED CONSTRUCTION PRODUCTS  v. TILE TECH: Dec 15, 2016. Before Moore, Wallach, and Stoll.                                                               The Takeaway: The plain language of the permanent injunction is not overly broad where the injunction prevents the defendant from infringing the asserted patent under …

Inequitable Conduct is Not Warranted Without Evidence of the Materiality of the Withheld Document

Authored by Michael Block, Jean Dassie and Vaibhav Sharma U.S. WATER SERVICES v. NOVOZYMES: Dec 15, 2016. Before Wallach, Hughes, and Stoll.                                                               The Takeaway: Summary judgment of inherent anticipation is inappropriate where a genuine dispute of material fact exists as to whether a claim limitation is inherent in …

Plaintiff Unable to Meet Relaxed Standard Under Akamai for Direct Infringement of Method Claims

Authored by Michael Block, Jean Dassie and Vaibhav Sharma MEDGRAPH v. MEDTRONIC: Dec 13, 2016. Before Lourie, Plager, and Taranto.    The Takeaway: Under Akamai V, infringement of a method claim requires the plaintiff to show that the defendant conditioned the use of, or receipt of a benefit from, defendant’s …

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