Failure to object to a special master’s claim construction within the period specified by court order or the Federal Rules is grounds for waiver, and the entire invention in a patent application should not be limited to the preferred embodiment solely because the preferred embodiment is referred to as the “present invention” when the specification does not uniformly refer to this embodiment as being co-extensive with the entire invention.
Plaintiffs Delano Farms et al brought a declaratory judgment action against the California Table Grape Commission (Commission) seeking to invalidate or render unenforceable three patents on grape varietals.
An exclusive licensee in the field of use lacks standing to sue without joining the patent owner.
The patents-in-suit were directed at security with respect to the use of global positioning satellites (GPS) to determine the physical location of mobile devices, such as cellular phones.
The patent involved single use cameras.
A jury found the patent infringed and valid.