Category Archives: Indefiniteness

In re: David Walter

Posted on August 29, 2017 by

Docket No. 2016-2256 MOORE, SCHALL, O’MALLEY August 21, 2017 Non-precedential Brief summary: Board decision on indefiniteness of the term “block-like” affirmed because, e.g., it “is a term of degree, without objective criteria in the patent’s intrinsic record for establishing the … Continue reading →

Posted in Indefiniteness, Reexamination | Leave a comment

Tinnus Enterprises, LLC et al. v. Telebrands Corp. et al.

Posted on February 6, 2017 by

Docket No. 2016-1410 MOORE, WALLACH, STOLL January 24, 2017 Brief Summary: DC grant of PI and no invalidity for indefiniteness or obviousness affirmed. Summary: Telebrands appealed DC entry of preliminary injunction (PI) barring it from selling its “Balloon Bonanza, or … Continue reading →

Posted in Analgous Art, Indefiniteness, Inducement to Infringe, Infringement, Obviousness | Leave a comment

Sonix Technology Co., Ltd. v. Publications International, Ltd. et al.

Posted on January 20, 2017 by

Docket No. 2016-1449 LOURIE, O’MALLEY, TARANTO January 5, 2017 Brief Summary: DC decision that “visually negligible” is indefinite reversed as the meaning of the term is not “purely subjective” in view of the specification and prosecution history. Summary: Sonix appealed … Continue reading →

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Eli Lilly and Company v. Teva Parenteral Medicines, Inc. et al.

Posted on January 16, 2017 by

Docket No. 2015-2067 REYNA, HUGHES, STOLL January 12, 2017 Brief Summary: DC decision finding of direct infringement by physicians and induced infringement (§ 271(b)) by Teva as well as no obviousness affirmed. Summary: Teva et al. (“Teva”) appealed DC finding … Continue reading →

Posted in Claim Differentiation, Indefiniteness, Inducement to Infringe, Infringement, Obviousness | Leave a comment

Alfred E. Mann Foundation et al. (“AEM”) v. Cochlear Corporation et al.

Posted on November 21, 2016 by

Docket No. 2015-1580, -1606, -1607 NEWMAN, CHEN, HUGHES November 17, 2016 Brief Summary: DC decision of indefiniteness of certain claims for failure to disclosure an algorithm affirmed; another found supported by “adequate defining structure”. Finding of no willfulness vacated and … Continue reading →

Posted in Indefiniteness, Means-plus-function, Software, Willfullness | Leave a comment

GE Lighting Solutions, LLC v. Lights of America, Inc. et al.

Posted on November 2, 2016 by

Docket No. 2015-197-82, 2015-2044 PROST, WALLACH, HUGHES October 27, 2016 Non-precedential Brief Summary: DC decision that “elongated” is indefinite affirmed (“an ordinarily skilled artisan cannot, without additional information, differentiate an ‘elongated’ core from a ‘non-elongated’ core”) but indefiniteness decision regarding … Continue reading →

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MIT, et al. v. Shire Pharmaceuticals, Inc. et al.

Posted on October 14, 2016 by

Docket No. 2015-1881 O’MALLEY, CHEN, STOLL October 13, 2016 Brief Summary: DC decision of infringement and no invalidity based on finding of no prosecution history estoppel or indefiniteness affirmed. Summary: MIT appealed DC claim construction after the parties stipulated to … Continue reading →

Posted in Claim Construction, Indefiniteness, Prosecution History Estoppel | Leave a comment