LIFENET HEALTH v. LIFECELL CORPORATION (Fed. Cir. 2016) (P) – Functional limitations can be structural even when recited as a negative limitation

by Steve Driskill | Sep 16, 2016 | [sub] direct, Infringement

Functional limitations can be structural even when recited as a negative limitation. Here, for example, a plasticizer claimed as being “not removed from” an internal matrix prior to transplantation into a human was found to be directly infringed by a competing product...

MCRO, INC. v. BANDAI NAMCO GAMES AMERICA (Fed. Cir. 2016) (P) – Using a computer to automate novel as opposed to conventional activity is not an abstract idea

by Steve Driskill | Sep 13, 2016 | [sub] Alice step one, Subject Matter Eligibility

The claimed use of a computer to automate novel as opposed to conventional activity is not directed to an abstract idea. Here, for example, claims focusing on the automatic use of rules of a particular type for creating 3-D animation were found to be non-abstract...

UCB, INC. v. YEDA RESEARCH AND DEVELOPMENT (Fed. Cir. 2016) (P) – Unentered claims may prevent other claims from being interpreted to encompass the same subject matter

by Steve Driskill | Sep 8, 2016 | [sub] prosecution history, Estoppel / Disclaimer

Claims denied entry during prosecution for including new matter may prevent other claims from being later interpreted to encompass the same subject matter. Here, for example, claims directed to a particular species of cytotoxin that were rejected during prosecution...

VOCALTAG LTD. v. AGIS AUTOMATISERING B.V. (Fed. Cir. 2016) (NP) – Algorithmic structure for a means-plus-function element need not be illustrated explicitly in the drawings

by Steve Driskill | Sep 1, 2016 | [sub] corresponding structure, Means Plus Function

Algorithmic structure corresponding to a means-plus-function element need not be illustrated explicitly in the drawings when the associated text of the specification makes clear that the claimed function is contemplated. Here, for example, an algorithm illustrated in...

IN RE NATURAL ALTERNATIVES, LLC (Fed. Cir. 2016) (NP) – Similarities in manufacturing processes alone cannot negate an explicit difference with the prior art

by Steve Driskill | Aug 31, 2016 | [sub] motivation, Obviousness

Similarities in manufacturing processes alone cannot negate an explicit difference between a product in the prior art and that of the claimed invention. Here, for example, the desugared sugar beet molasses of the claimed invention was found to sufficiently distinguish...