January 15, 2020
In an opinion focused on claim construction and disavowal, the Federal Circuit in Techtronic Industries co. v. ITC found that a patent’s repeated discussion and focus on providing a passive infrared detector disavowed any products that lack a passive infrared detector.1 The patent at issue (U.S. Patent No. 7,161,319, or ‘319 patent) relates to “movable barrier operators”… Read more »
July 11, 2017
The Federal Circuit recently reversed and remanded a district court’s denial of attorney’s fees to ADS after Rothschild sued ADS for infringement.1 The Federal Circuit found that the lower court abused its discretion for (a) failing to consider Rothschild’s willful ignorance of the prior art; (b) misjudging Rothschild’s conduct in other litigation and (c) improperly conflating… Read more »
June 05, 2017
Before KSR, 1 it was thought that obviousness under 35 USC § 103 could not be demonstrated by showing that a particular combination was obvious to try. The Supreme Court clarified that “when there is a . . . problem and there are a finite number of identified, predictable solutions,” and if pursuing the known options leads… Read more »
