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February 18, 2015

Exhausting

Helferich licensed relevant portions of its patent portfolio to mobile handset manufacturers. Then it turned around and sued content providers that feed users through their handsets. In a whitewash ruling, Judge John W. Darrah of Illinois district court found non-infringement via exhaustion. A CAFC panel (2014-1196) reversed that sloppiness, noting that the lower court "did not focus on the particulars of any of Helferich's claims." "We see no sound basis for expanding exhaustion doctrine to hold that authorized sales to persons practicing the handset claims exhaust the patentee's rights to enforce the asserted content claims against different persons."

Posted by Patent Hawk at 2:39 AM | Exhaustion

February 2, 2015

Clear Error

The CAFC has long internally fretted about its self-indulgence of de novo review in claim construction, which is a legal interpretation of technical facts. In Teva v. Sandoz, the Supreme Court settled that score.

When reviewing a district court's resolution of subsidiary factual matters made in the course of its construction of a patent claim, the Federal Circuit must apply a "clear error," not a de novo, standard of review.

Posted by Patent Hawk at 4:12 AM | Claim Construction