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Chicago Board Options Exchange, Inc. v International Securities Exchange, LLC, No. 2011-1267 (Fed Cir. May 7, 2012)
  • Winston & Strawn LLP
  • USA
  • May 31 2012

A claim using the word “means” is presumed to be a means-plus-function claim unless the claim includes a specific and definite structure, and repeated derogatory statements in the specification are construed as a disavowal of claim scope


In re Hugh Edward Montgomery, John Francis Martin, and Jorge Daniel Erusalimsky, No. 2011-1376 (Fed. Cir. May 8, 2012)
  • Winston & Strawn LLP
  • USA
  • May 31 2012

Prior art describing an unexecuted process or protocol may inherently anticipate claims when the result at issue inevitably flows from its disclosures


Noah Systems, Inc. v. Intuit Inc., No. 2011-1390 (Fed. Cir. April 9, 2012)
  • Winston & Strawn LLP
  • USA
  • May 31 2012

Where a special purpose computer means-plus-function claim recites multiple identifiable algorithms and the specification discloses an algorithm for less than all of them, sufficiency of the disclosure is irrelevant and courts must analyze the disclosure as if no algorithm is provided


Keurig, Inc. v. Sturm Foods, Inc., No. 2013-1072 (Fed. Cir. Oct. 17, 2013)
  • Winston & Strawn LLP
  • USA
  • October 23 2013

The unrestricted sale of a patented apparatus exhausts patent protection on the methods of using the apparatus


nCube Corp. v. SeaChange Int’l, Inc., No. 2013-1066 (Fed. Cir. Oct. 10, 2013)
  • Winston & Strawn LLP
  • USA
  • October 18 2013

Contempt was not available when the modified product altered the narrow element that had been accused at trial


Intel Corp. v. Negotiated Data Solution, Inc. et. Al., no. 2011-1448 (Fed. Cir. Dec. 17, 2012).
  • Winston & Strawn LLP
  • USA
  • December 26 2012

A broad patent license, without language to the contrary, extends to reissue patents that are granted after the term of the license agreement. The


Commil USA, LLC v. Cisco Systems, Inc., No. 2012-1042 (Fed. Cir. June 25, 2013)
  • Winston & Strawn LLP
  • USA
  • July 10 2013

In order to prove induced infringement, a patentee must prove that an alleged infringer possessed actual knowledge that the induced acts would


Wyeth et al. v. Abbott Laboratories et al., No. 2012-1223, -1224 (Fed. Cir. June 26, 2013)
  • Winston & Strawn LLP
  • USA
  • July 10 2013

A claim on a molecule is not adequately enabled by a specification with only one working example if one of ordinary skill in the art would be


Novo Nordisk AS v. Caraco Pharmaceutical Laboratories, Ltd., No. 2011-1223 (Fed. Cir. June 28, 2013)
  • Winston & Strawn LLP
  • USA
  • July 10 2013

A synergistic effect that is predictable renders a claim obvious. After being sued for infringement, a generic drug manufacturer sought to invalidate


Microsoft Corp. v. Int’l Trade Comm’n & Motorola Mobility, LLC, No. 2012-1445, -1535 (Fed. Cir. Oct. 3, 2013)
  • Winston & Strawn LLP
  • USA
  • October 11 2013

To meet Section 337’s domestic-industry requirement, the moving party must show a product practicing the protected patent