Eastern District of Texas Clarifies Distinction Between Claim Interpretation and Factual Findings

The Court in Dynocom Industries v. Mainline Automotive Equipment (Docket CV 00553-JRG-RSP, EDTX, Memorandum Opinion and Order dated July 15, 2017) found that a proper claim construction of “co-axially rotate” is “rotate on a… Read More

On-Sale Bar and the AIA: New Language, Same Meaning

Despite a change in statutory language, the applicability of the on-sale bar to pursuing patent rights under the America Invents Act (AIA) is unchanged from prior law, said the Federal Circuit in Helsinn Healthcare S.A. v. Teva Ph… Read More

Secondary Considerations Succeed at the PTAB

In a rare instance of relying on secondary considerations to overcome an allegation of obviousness, the Patent Trial and Appeals Board refused to institute an Inter Partes Review of U.S. Patent No. 8,550,271, directed to a crimp-o… Read More

Determining Willful Patent Infringement: Ramifications of Halo Pulse Through the Courts

The Federal Circuit recently vacated and remanded a lower court’s holding that a patent infringement defendant could not have willfully infringed as a matter of law. Alfred E. Mann Found. for Sci. Research v. Cochlear Corp. (Fed… Read More

Federal Circuit Says Ex-Patent Owners Can Bring Inter Partes Reviews

In Husky Injection Molding Systems Ltd., v. Athena Automation LTD., Nos. 2015-1726, 2015-1727 (Sept. 23, 2016), the Federal Circuit rejected Husky’s appeal of a PTAB inter partes review decision that certain challenged claims we… Read More