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26 Feb 2014, 11:33 am
In a dissenting opinion, judges O'Malley, Rader, Reyna, and Wallach stated that the majority decision refuses to acknowledge that claim construction, at times, requires a district court to resolve questions of fact. [read post]
21 Feb 2014, 8:49 pm
.], this court in Cybor held that patent claim construction receives de novo determination on appeal, that is, review for correctness as a matter of law.Lighting Ballast Control, LLC at *6.Holding[W]e apply the principles of stare decisis, and confirm the Cybor standard of de novo review of claim construction, whereby the scope of the patent grant is reviewed as a matter of law. [read post]
21 Feb 2014, 11:55 am by Lawrence B. Ebert
By contrast, the concern that de novo review increases the “dura- tion” of a single patent litigation until a final deci- sion is reached in that particular case (Cybor, 138 F.3d at 1476 (Rader, J., dissenting))—what might be called vertical uncertainty—matters only in the small fraction of cases that reach an appeal. [read post]
21 Feb 2014, 8:28 am by Dennis Crouch
Judge O’Malley filed a dissenting opinion that was joined by Chief Judge Rader and Judges Reyna and Wallach. [read post]
20 Feb 2014, 9:21 am by Jason Rantanen
  As Judge Rader observed in his concurrence in Festo: A primary justification for the doctrine of equivalents is to accommodate after-arising technology. [read post]
18 Feb 2014, 7:41 pm
   Legal Reasoning (Rader, CJ, Linn, Wallach)BackgroundClaim term at issueThis appeal primarily concerns step (ii): the conversion of acetolactate (“AL”) to 2,3-dihydroxyisovalerate (“DHIV”), catalyzed by the polypeptide enzyme acetohydroxy acid isomeroreductase (also known as keto-acid reductoisomerase, or “KARI”) “having the EC number 1.1.1.86. [read post]
12 Feb 2014, 7:33 pm
(“Solvay”) appeals from a judg- ment of the United States District Court for the District of Delaware in favor of defendant Honeywell International (“Honeywell”). [read post]
12 Feb 2014, 3:12 pm by Gene Quinn
In this case, Solvay S.A. appealed to the United States Court of Appeals for the Federal Circuit from a judgment of the United States District Court for the District of Delaware in favor of defendant Honeywell International. [read post]
10 Feb 2014, 10:11 pm
   Legal Reasoning (Rader, CJ, Moore, Wallach):[1] Construing "inert to light" Representative Claim 11. [read post]
7 Feb 2014, 3:10 am by Dennis Crouch
The case is now on appeal at the Federal Circuit before an interesting panel consisting of Chief Judge Rader and Judges Newman and Dyk. [read post]
5 Feb 2014, 5:28 am by Dennis Crouch
Guest Post By Paul Gurzo and Neil Kardos from the firm Harrity & Harrity, LLP Based on a prior post discussing comments by Chief Judge Rader regarding claims including “configured to” language, we decided to review Patent Trial and Appeal Board (“Board”) decisions from 2013 that included “configured to” language. [read post]
2 Feb 2014, 11:36 pm by Florian Mueller
Samsung injunction proceedings:Apple is seeking an injunction of a scope that I believe is consistent with Federal Circuit law, but if Samsung disagreed, it would have to appeal (which EchoStar didn't do) the scope of the injunction immediately because a majority of the 2011 Federal Circuit held in TiVo that it's too late to complain about the vagueness and excessive breadth of an injunction in the contempt context. [read post]
22 Jan 2014, 6:11 am by Dennis Crouch
One problem with Judge Rader’s opinion is that other judges do not uniformly agree with his perspective. [read post]
21 Jan 2014, 2:04 pm by Dennis Crouch
One problem with Judge Rader's opinion is that other judges do not uniformly agree with his perspective. [read post]
15 Jan 2014, 8:33 pm
   Legal Reasoning (Rader, CJ, Lourie, Moore)BackgroundRepresentative Claim 1 of the '261 application1. [read post]