PROGRESSIVE CASUALTY v. LIBERTY MUTUAL (Fed. Cir. 2015) (NP) – Disclosure of a genus does not, without more, imply written description support of a particular species

by Steve Driskill | Aug 24, 2015 | [sub] written description, Adequate Disclosure

An application’s disclosure of a genus does not, without more, imply written description support of a particular species. Here, for example, a parent application’s disclosure of a “rating factor” was found to be insufficient to support a child application’s recitation...

ABT SYSTEMS, LLC v. EMERSON ELECTRIC CO. (Fed. Cir. 2015) (P) – A naturally implemented solution to a known problem is likely obvious

by Steve Driskill | Aug 19, 2015 | [sub] motivation, Obviousness

A naturally implemented solution to a known problem is likely obvious. Here, for example, a periodic fan cycle that starts with an ‘off’ period rather than an ‘on’ period following the deactivation of a main heating or cooling cycle was found to be “naturally...

AKAMAI TECHNOLOGIES, INC. v. LIMELIGHT NETWORKS, INC. (Fed. Cir. 2015) (P, en banc) – Direct infringement can be established by user steps performed in a prescribed manner to receive a benefit

by Steve Driskill | Aug 13, 2015 | [sub] divided, Infringement

Direct infringement under § 271(a) may be established even absent a principal-agent relationship, a contractual arrangement, or a joint enterprise, when an alleged infringer conditions participation or a benefit upon performance of a step and sets the manner or timing...

POWER INTEGRATIONS, INC. v. LEE (Fed. Cir. 2015) (P) – Previous judicial interpretation of a claim term should be treated as persuasive precedent by PTO

by Steve Driskill | Aug 12, 2015 | [sub] broadest reasonable interpretation, Claim Interpretation

Where the principal argument to the PTO about the proper interpretation of a claim term is consistent with a previous judicial interpretation, the PTO is obligated to acknowledge that interpretation and assess whether it is consistent with the broadest reasonable...

SUPREMA, INC. v. ITC (Fed. Cir. 2015) (P, En Banc) – Claims capturing later induced infringement may still be sufficient to support ITC exclusion order

by Steve Driskill | Aug 10, 2015 | [sub] indirect, Infringement

An exclusion order from the ITC based on a violation of 19 U.S.C. § 1337(a)(1)(B)(i) may be predicated on a theory of induced infringement under 35 U.S.C. § 271(b) where direct infringement does not occur until after importation of the articles the exclusion order...