Category Archives: Negative Limitations

Hospira, Inc. v. Genentech, Inc.

Case IPR2017-00731 (U.S. Pat. No. 7,846,441 B1) Decision Granting Request for Rehearing October 26, 2017 Brief summary: Petition for Rehearing granted as prior decision lacked of construction of the limitation “in the absence of an anthracycline derivative” which the Board … Continue reading

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LifeNet Health v. LifeCell Corporation

Docket No. 2015-1549 PROST, REYNA, CHEN September 16, 2016 Brief Summary: DC decision denying LifeCell’s motion for a new trail and JMOL following jury finding of infringement and no invalidity affirmed (based on DC’s claim construction). Summary: LifeCell appealed from … Continue reading

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Nike, Inc. v. Adidas AG

Docket No. 2014-1719 (IPR2013-00067) CHEN, MAYER, STOLL February 11, 2016 Brief Summary: Board decision denying Nike’s motion to amend claims affirmed because it “failed to meet its burden of establishing patentability of substitute claims 47-50”; obviousness decision vacated since “Board … Continue reading

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Inphi Corporation v. Netlist, Inc.

Docket Nos. 2015-1179 O’MALLEY, REYNA, CHEN November 13, 2015 Brief Summary:  PTO finding that negative limitation supported by specification lacking explicit disclaimer affirmed, although “in all cases, a patentee may [not] arbitrarily dissect its invention by amending the claims in … Continue reading

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