Connor M. Larson
Say What? Recitation Entitled to Patentable Weight When Not “Communicative Content”
By Connor M. Larson on May 16, 2024
Posted In Patents
Addressing when claimed printed matter is entitled to patentable weight, the US Court of Appeals for the Federal Circuit reversed the Patent Trial & Appeal Board’s ruling involving the printed matter doctrine, explaining that the claimed subject matter was not communicative content. IOEngine, LLC v. Ingenico Inc., Case No. 21-1227 (Fed. Cir. May 3, 2024)...
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Drawing Can Teach Claim Limitations If “Clear on Its Face”
By Connor M. Larson on Apr 18, 2024
Posted In Patents
Addressing when a drawing in a prior art reference includes a teaching that is “clear on its face,” the Director of the US Patent & Trademark Office vacated and remanded a Patent Trial & Appeal Board decision denying institution of an inter partes review (IPR) petition. MAHLE Behr Charleston Inc. v. Catalano, IPR2023-00861 (PTAB Decision...
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Still Exceptional: Fee-Shift Appropriate in View of Noninfringement Stipulation
By Connor M. Larson on Nov 16, 2023
Posted In Patents
In a split decision, the US Court of Appeals for the Federal Circuit affirmed a district court’s award of more than $5 million in attorneys’ fees, finding that the district court did not abuse its discretion in finding the underlying case “exceptional” under 35 U.S.C. § 285 or in calculating the total fees awarded. In...
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