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Read more: Causam Enterprises, Inc. v. Ecobee Technologies ULC
A purported patent owner cannot assert a due process violation on behalf of a third party based on unresolved ownership of a patent challenged in an IPR.
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Read more: Rex Medical, L.P. v. Intuitive Surgical, Inc.
Expert damages testimony based on a comparable license must reliably apportion value to the asserted patent to be admissible in a hypothetical negotiation analysis.
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Read more: Apex Bank v. CC Serve Corp.
When goods or services are found to be highly similar under one DuPont factor, that same scope of similarity must be applied consistently across the remaining DuPont factors.
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Read more: Finesse Wireless LLC v. AT&T Mobility LLC
Expert testimony that is contradictory or unclear is insufficient to satisfy the patent owner’s burden of proving infringement.
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Read more: Bayer Pharma Aktiengesellschaft v. Mylan Pharmaceuticals Inc.
The phrase “clinically proven effective” cannot be the sole basis for patentability for a claim, as this is a functionally unrelated limitation to a claimed method or composition.
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Read more: Future Link Systems, LLC v. Realtek Semiconductor Corporation
For the purpose of awarding costs and the possibility of attorneys’ fees, a party that achieves a dismissal with prejudice is considered the prevailing party.
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Read more: Magema Technology LLC v. Phillips 66
A general verdict in a trial including an erroneously submitted theory can only be upheld as harmless error if the court is totally satisfied or reasonably certain that the verdict was not based on the error.
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Read more: PowerBlock Holdings, Inc. v. iFit, Inc.
When determining whether a claim is directed to an abstract idea under step one of the Alice test, the entire claim must be considered. Elements of the claim that are found in the prior art cannot be ignored.
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