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October 7, 2015

Irreparable Harm

Samsung slavishly copied patented features of the Apple iPhone in making its copycat mobile phone. Apple won its patent battle, but was denied an injunction by the district court because, it ruled, Apple failed to show irreparable harm. The CAFC (2014-1802) reversed, agreeing with Apple that there was a "causal nexus" between the copied features and damage to Apple's "reputation as an innovator, lost market share, and lost downstream sales."

Posted by Patent Hawk at 5:03 AM | Injunction

No Compliance

Media Rights Technologies sued Capital One for infringing 7,316,033, which claims "a method of preventing unauthorized recording of electronic media." The claims require a multi-function "compliance mechanism," but the disclosure does not cover two of the four associated functions. The CAFC (2014 - 1218) affirmed the district court ruling of indefiniteness.

Posted by Patent Hawk at 4:52 AM | § 112

Claim Strain

5,847,053 and its continuation 6,111,023 claim thin-film polymers with robust strength. The claims specify a "strain hardening coefficient" without bothering to explain in the disclosure how to figure the coefficient. Patent owner Dow Chemical sued Nova Chemicals for infringement and won, at least until Nova appealed over indefiniteness in light of the Supreme Court's Nautilus ruling. Echoing Nautilus, the CAFC (2014-1431) invalidated the patents for failing to "be precise enough to afford clear notice of what is claimed."

Posted by Patent Hawk at 4:39 AM | § 112