Monthly Archives: February 2013

Brilliant Instruments, Inc. v. Guidetech, LLC

Posted on February 21, 2013 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2012-1018 DYK, MOORE, REYNA February 20, 2013 Brief Summary: DC judgment was reversed regarding both literal and DOE infringement. Vitiation was not found to be a viable theory of non-infringement in this case. Summary: GuideTech appealed DC grant … Continue reading →

Posted in Claim Construction, Doctrine of equivalents | Leave a comment

In re Jasinski, et al.

Posted on February 20, 2013 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2012-1482 PROST, CLEVENGER, MOORE February 15, 2013 Non-precedential Brief summary: The preamble (“A method for verifying the accuracy of logical-to-physical mapping software…”) was found to be limiting and not merely a statement of intended use. Summary: Jasinki et … Continue reading →

Posted in Anticipation (35 USC 102), Preamble | Leave a comment

Cephalon, Inc. and CIMA Labs, Inc. v. Watson Pharmaceuticals, Inc. et al.

Posted on February 15, 2013 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2011-1325 REYNA, BRYSON, WALLACH February 14, 2013 Brief summary: Watson’s ANDA fentanyl product was found not to infringe Cephalon’s patents because it did not contain a “saliva activated effervescent agent” (affirmed). The DC decision that Cephalon’s patents were … Continue reading →

Posted in Claim Construction, Enablement, Generics / ANDA, Infringement | Leave a comment

Functional Media, LLC v. Google Inc. and Yahoo! Inc.

Posted on February 14, 2013 by Patrick J. Halloran, Ph.D., J.D.

Docket No. 2012-1020 RADER, NEWMAN, REYNA February 13, 2013 Brief summary: Means-plus-function software claims require an algorithm; patentee may not rely on knowleged in the art to fill the gaps and flow charts may not be sufficient (“Section 112, paragraph … Continue reading →

Posted in Claim Construction, Indefiniteness | Leave a comment