In Malvern Panalytical Inc., v. TA Instruments-Waters LLC, [2022-1439] (November 1, 2023), because the district court erred in construing “pipette guiding mechanism,” the Federal Circuit vacated the stipulated judgment of non-infringement of U.S. Patent Nos. 8,827,549 (“the ’549 patent”) and 8,449,175 and remanded for further proceedings. These patents both disclose microcalorimeters, which are machines that
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Revised Rule Requiring Use of USPTO Form for IDS Safe Harbor
By Cait Connor
Starting July 17, 2023, to ensure an efficient avoidance of a negative PTA, in certain instances, revised 37 CFR 1.704(d) will include a new paragraph (d)(3) requiring the use of Office form PTO/SB/133 and the appropriate document code (PTA.IDS). The use of the document code PTA.IDS specifically for form PTO/SB/133 is a representation that the…
Don’t Get Cheesed – Protect Your Video Game’s Intellectual Property
To say that the video gaming industry is booming would be quite an understatement. For years, gaming has been one of the fastest growing segments of the worldwide entertainment industry. Statista notes that in 2022, global revenues topped $200 billion for the first time ever.
Gaming has had a profound influence on the entertainment industry…
Computer-Readable Recording Medium Is Not a Transitory Medium
In Sequoia Technology, LLC v. Dell, Inc., [2021-2263, 2021-2264, 2021-2265, 2021-2266] (April 12, 2022), the Federal Circuit disagreed with the district court’s claim construction for “computer-readable recording medium,” and thus reverses the district court’s ineligibility determination under 35 U.S.C. § 101. In addition, the Federal Circuit agreed with the district court’s claim construction for “disk…
How Many?
An often critical issue in determining patent infringement is how many of a specified claim element are required by the claim. This issue can arise in a variety of ways:
A or An
The general rule is that “a” or “an” means one or more. In KCJ Corp. v. Kinetic Concepts, Inc., 223 F.3d 1351…
Storing and Displaying Video is an Abstract Idea
In Hawk Technology Systems, LLC v. Castle Retail, LLC, [2022-1222] (February 17, 2022), the Federal Circuit affirmed the dismissal of the suit because the asserted patent claims of U.S. Patent No. 10,499,091 on a method of viewing multiple simultaneously displayed and stored video images on a remote viewing device of a video surveillance system were directed…