Not all patent prosecution disclaimers are broadly construed; rather, in construing patent claim terms disclaimers must be closely aligned to actual arguments made during prosecution. On March 3, 2017 the Federal Circuit in Technology Properties Limited, et al v. Huawei, again gave guidance on the issue of prosecution history disclaimer. The patent at issue in […]
Author Archive | Thomas Bejin
Detail Counts to Support Patent Damage Analysis
In Yodlee v. Plaid Technology, No. 14-1445-LPS-CJB (D. Del. 2017), Judge Leonard Stark gave guidance on the boundaries of an admissible opinion for a reasonable royalty analysis in a patent case. Yodlee v. Plaid involves a patent relating to a method and apparatus for gathering summary information from websites and presenting that information as HyperText […]
Federal Circuit Says a Seemingly Subjective Claim Term Is Not Indefinite under 35 USC § 112
The Federal Circuit has reversed the Northern District of Illinois’ conclusion that the phrase “visually negligible” renders a patent claim invalid under 35 U.S.C. § 112 as indefinite. Sonix Technology Co., LTD. v. Publications International, LTD, No. 16-1449 (Fed. Cir. Jan. 5, 2017). The district court’s ruling should hardly have come as a surprise since […]
Damages for Design Patent Infringement: What Is an “Article of Manufacture?”
On December 6, 2016, the U.S. Supreme Court issued its long awaited decision in Samsung Electronics Co. v. Apple Inc. The issue in Samsung v. Apple was whether 35 U.S.C. § 289 requires that design patent damages of a multi-component product must always lie in the end product sold to the consumer. The Court, in […]
Investors in a Separate Corporation that Files an IPR Petition Are Not Real-Parties-in-Interest
Clouding IP is the assignee of U.S. Patent No. 6,738,799 (the ‘799 patent). The ‘799 patent is related to a method of file synchronization using a signature list. Clouding asserted the ‘799 patent in a host of lawsuits, including one against Google. More than one year after the Google case was filed, Unified Patents filed […]