ARTICLE
17 April 2019

Federal Circuit Patent Update - April 15, 2019

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Newman, J. Reversing PTAB and finding that patentee had antedated references where PTAB erred in its application of the law of diligence.
United States Intellectual Property

Precedential Federal Circuit Opinions

  1. ATI TECHNOLOGIES ULC v. IANCU [OPINION - PRECEDENTIAL] (2016-2222, 2016-2406, 2016-2608, 4/11/2019) (Newman, O'Malley, Wallach)

    Newman, J. Reversing PTAB and finding that patentee had antedated references where PTAB erred in its application of the law of diligence.
  2. OMEGA PATENTS, LLC v. CALAMP CORP. [OPINION - PRECEDENTIAL] (2018-1309, 4/8/2019) (Prost, Dyk, Wallach)

    Dyk, J. After jury trial, affirming-in-part, reversing-in-part and remanding action involving patents relating to multivehicle compatible control systems. The defendant failed to preserve a claim construction argument that it argued would have allowed it to introduce additional prior art where it never identified the prior art at Markman or thereafter. With respect to direct infringement of one patent, the Court remanded based on the district court's failure to instruct the jury on the meaning of one claim term, although there was no disagreement on the meaning of the term. Theories of induced infringement and willful infringement were remanded because of the improper exclusion of the testimony of executives and lawyers of the defendant concerning their state of mind. The damages award was vacated because of the remand of some (but not all) claims of infringement.

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