Federal Circuit Affirms-in-Part, Reverses-in-Part, Vacates-in-Part and Remands in Snowball Case

Authored by Mark A. Chapman and Michael W. Glynn, Ph.D.  Digest of Southern Snow Manufacturing v. SnoWizard Holdings, Nos. 2013-1586, 2014-1043 (Fed. Cir. Jun. 30, 2014) (nonprecedential). On appeal from E.D. La. Before Prost, Lourie, and Clevenger. Procedural Posture: Alleged infringer appealed final judgment of validity and no unenforceability for inequitable conduct, as well …

CAFC finds that written description requirement for term “including” was satisfied by the patentee.

  Case: Lochner Techs., Llc v. Vizio, Inc., No. 2013-1551 (Fed. Cir. June 27, 2014) (non-precedential). On appeal from C.D. Cal. Before O’Malley, Taranto, and Chen. Procedural Posture: Patent owner Lochner appealed from the district court’s final judgment of invalidity for lack of written description and failure to claim what the applicants …

CAFC finds that a preamble in a claim is limiting if that limitation is supported by the intrinsic evidence.

  Case: Rotatable Techs. LLC v. Motorola Mobility LLC, No. 2014-1042 (Fed. Cir. June 27, 2014) (non-precedential). On appeal from E.D. Tex. Before O’Malley, Taranto, and Hughes. Procedural Posture: Patentee Rotatable Technologies LLC appealed the district court’s determination that the preamble was a claim limitation. CAFC affirmed. Claim Construction: Because the intrinsic …

CAFC reverses judgment of no infringement due to erroneous claim construction.

  Case: Hill-Rom Servs., Inc. v. Stryker Corp., No. 2013-1450 (Fed. Cir. June 27, 2014) (precedential). On appeal from S.D. Ind. Before Moore, Schall, and Reyna. Procedural Posture: Plaintiff-patentee Hill-Rom appealed from the district court’s grant of summary judgment of no infringement in favor of Stryker. CAFC reversed and remanded. Claim Construction: …

CAFC vacates E.D. Texas’s refusal to sever and stay claims and to transfer the separate action

Case: In Re Nintendo of Am., Inc., No. 2014-132 (Fed. Cir. June 25, 2014) (precedential). On Petition for Writ of Mandamus to E.D. Tex. Before Newman, Rader, and Hughes. Procedural Posture: The defendants, Nintendo and eleven retailers (“the Retailers”), brought this petition for a Writ of Mandamus when the district court denied …