In Kimble v. Marvel Enterprises, No. 13-720 (2015), the U.S. Supreme Court will decide whether to overrule Brulotte v. Thys Co., 379 U.S. 29 (1964) in which the Court held that patentees may not collect royalties for use of a patent occurring after the...
In Teva v. Sandoz, 574 U.S. ___ (2015), available at http://www.supremecourt.gov/opinions/14pdf/13-854_o7jp.pdf, the Supreme Court held that, in determining issues in claim construction, the Federal Circuit must review a trial court’s factual...
A claim element that is described in terms of its function may be subject to interpretation under 35 U.S.C. § 112(f). §112(f) defines a specific claim form known as “means-plus-function.” The scope of a means-plus-function claim is limited to the...
