Federal Circuit Precedential

Category: 09 – September

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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.