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

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 (non-precedential) The Takeaway: Where a patent and prior art reflect the appropriate level of skill, and it is not an issue presented by the parties, an absence of specific findings on the level of skill …

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

D’AGOSTINO v. MASTERCARD INTERNATIONAL: Dec. 22, 2016. Before Taranto, Linn, and Stoll. 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: On appeal from the PTAB’s decision in an IPR finding …

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

UNITED CONSTRUCTION PRODUCTS  v. TILE TECH: Dec 15, 2016. Before Moore, Wallach, and Stoll.                                                             Takeaway: The plain language of the …

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

U.S. WATER SERVICES v. NOVOZYMES: Dec 15, 2016. Before Wallach, Hughes, and Stoll.                                                             Takeaway: Summary judgment of inherent anticipation is …

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

MEDGRAPH v. MEDTRONIC: Dec 13, 2016. Before Lourie, Plager, and Taranto.  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 system on the performance of all of plaintiff’s method steps. Procedural …