ARCELORMITTAL FRANCE v. AK STEEL CORPORATION (Fed. Cir. 2015) (P) – Reissue amendments may be deemed impermissibly broadening in view of prior litigation claim construction

by Steve Driskill | May 12, 2015 | [sub] reissue, PTO Procedure

Amendments during reissue may be deemed broadening and thereby render a patent unenforceable if they broaden a previous and controlling claim construction from prior litigation even if the PTO’s broadest reasonable interpretation may perceive them as narrowing. Here,...

TADAYON v. SAUCON TECHNOLOGIES (Fed. Cir. 2015) (NP) – Undefined limitations may be interpreted as broadly as their literal recitations permit

by Steve Driskill | May 11, 2015 | [sub] claim context, Claim Interpretation

Undefined limitations may be interpreted as broadly as their literal recitations permit. Here, for example, a frequency for “low radiation power absorption” was found to be broad enough to encompass any frequency that can be used in any manner to provide a lower dose...

IN RE MAGNA ELECTRONICS, INC. (Fed. Cir. 2015) (NP) – Terms used coextensively in the specification may be treated as synonymous

by Steve Driskill | May 7, 2015 | [sub] consistency, Claim Interpretation

Treating two terms coextensively in the specification leads to an inference that they are related and largely synonymous. Here, for example, a “positional” relationship as in the prior art was found to be equivalent to the claimed indication of a “distance” because...

ASTRAZENECA LP v. BREATH LIMITED (Fed. Cir. 2015) (NP) – Mere regulatory compliance cannot be used to establish a nexus with commercial success

by Steve Driskill | May 7, 2015 | [sub] secondary considerations, Obviousness

A claimed feature associated with mere regulatory compliance cannot be used to establish the secondary consideration of commercial success for the purposes of rebutting an otherwise prima facie case of obviousness. Here, for example, the claimed “sterility” of a...

EON CORP. IP HOLDINGS LLC v. AT&T MOBILITY LLC (Fed. Cir. 2015) (P) – The Katz exception to the algorithm rule does not extend to complicated, customized computer software

by Steve Driskill | May 6, 2015 | [sub] corresponding structure, Means Plus Function

The Katz exception to the algorithm rule permitting general-purpose processors to serve as the corresponding structure of computer-implemented means-plus-function elements for basic functions of a processor does not extend to complicated, customized computer software....