Festo v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd.
The name "Jarndyce" appears nowhere in the Federal Circuit's recent decision in Festo v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd. Still, the multiple decisions (this most recent opinion will be known as Festo XIII) and the dispute's very long litigation history evokes that Dickensian lawsuit. Maybe the beleaguered ghost of Chancery is to blame. Festo involves a claim of patent infringement...
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Biomedino, LLC v. Waters Technologies, Corp.
Patent claims prosecution has a convenient short-cut known as "means plus function." Under 35 U.S.C. § 112, ¶ 6, a patent applicant may state a claim limitation as a means (or step) for executing a specified function within the invention without the need to claim the structure that actually performs the function. In order to do so, however, the applicant must make clear in the specification...
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