We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.

Search results

Order by: most recent most popular relevance



Results: 1-10 of 64

Hearing Components, Inc. v. Shure, Inc
  • Winston & Strawn LLP
  • USA
  • April 6 2010

Not all terms of degree are indefinite; a means-plus-function claim is infringed when the accused device includes a relevant structure that performs the same function in a substantially similar way, resulting in structural equivalency


Pressure Products Medical Supplies, Inc. v. Greatbatch Ltd
  • Winston & Strawn LLP
  • USA
  • April 6 2010

In the construction of a means-plus-function claim element under 35 USC 112, 6, the concept of incorporation by reference is insufficient to include a structure in a prior art reference as a corresponding structure


Power-One, Inc., v. Artesyn Technologies, Inc.,
  • Winston & Strawn LLP
  • USA
  • April 6 2010

The fact that a claim is defined using a relative term (eg "near") instead of a precise numerical measurement does not render the claim incapable of providing meaningful guidance if the claim language, taken in context of the entire patent, provides a sufficiently reasonable meaning to one skilled in the art


Enzo Biochem, Inc. v. Applera Corp
  • Winston & Strawn LLP
  • USA
  • April 6 2010

Claims are not indefinite if the intrinsic evidence provides a general guideline and examples sufficient to enable a person of ordinary skill in the art to determine the scope of the claims, even if some experimentation is required


Novo Nordisk AS v Caraco Pharm. Labs., Ltd
  • Winston & Strawn LLP
  • USA
  • April 23 2010

The Hatch-Waxman Act only authorizes a counterclaim to correct or delete a patent number or expiration date listed in the FDA Orange Book; an ANDA defendant does not have standing to challenge any other listed information, including the use code description


SiRF Technology, Inc. v. ITC
  • Winston & Strawn LLP
  • USA
  • April 23 2010

The International Trade Commission ("ITC") issued an exclusion and cease and desist order on importation of certain Global Positioning System ("GPS") devices and products after finding that the devices and products infringed certain patents


MBO Labs., Inc. v. Becton, Dickinson & Co
  • Winston & Strawn LLP
  • USA
  • April 23 2010

A patentee may violate the rule against recapture by claiming subject matter in a reissue patent that the patentee surrendered while prosecuting a related patent application


The broadest reasonable construction of claim terms must be consistent with the specification and the claim language as read in light of the specification
  • Winston & Strawn LLP
  • USA
  • April 27 2010

The patent claimed a floor finishing material for athletic surfaces and other floors “comprising” certain elements



The standard to evaluate the sufficiency of incorporation by reference language in the patent specification is whether the identity of the incorporated reference is clear to a reasonable examiner in light of the documents presented
  • Winston & Strawn LLP
  • USA
  • April 27 2010

A patent applicant involved in a patent interference proceeding appealed a finding by the Board of Patent Appeals and Interferences (“Board”) that the claims of its present ‘880 application were unpatentable for lack of written description