The CAFC Vacated the Northern District of California’s Claim Construction Because the District Court Improperly Limited the Claims Based on Prosecution History Disclaimer

Tech Properties v. Huawei (2016-1306), March 3, 2017.  Before Judges Moore, Wallach, and Chen. Takeaway: A district court may only limit claims based on prosecution disclaimer to the extent that the patentee makes clear and unmistakable disclaimers. If a district court limits the claims of a patent more narrowly than …

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 …

Obviousness Rejections Must Articulate Rationale To Support a “Common Sense” Motivation To Combine References

  IN RE VAN OS: Jan. 3, 2017. Before Newman (concurring in part and dissenting in part), Moore, and Wallach. Takeaway: Obviousness findings grounded in “common sense” must contain explicit and clear reasoning providing some rational underpinning why common sense compels a finding of obviousness. Procedural Posture: Marcel Van Os …

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 …