Intellectual Property Law

Patent claims not at issue at trial can't be found invalid, even if mentioned in complaint

By McKee, Voorhees & Sease, P.L.C.

In a recent decision, the Federal Circuit reversed much of a district court's finding of willful infringement of a plaintiff's patents, tortious interference with the plaintiff's business relationships, and invalidity of the defendant's patents.  Regarding the willful infringement, the Federal Circuit determined that the district court had improperly interpreted the claims of the plaintiff's patents-in-suit and had given them a broader interpretation than warranted.  The Federal Circuit also held the claims were not objectively baseless, the tortious interference claim based on bad faith enforcement was preempted by federal law.  Finally, the Federal Circuit held the district court finding that unasserted claims were invalid was not proper.

Patent practitioners will likely find one of the Federal Circuit's statements in its opinion amusing:  "Though in claim construction matters we give due weight to a trial court's claim construction, ultimately claim construction is a matter of law the final responsibility for which lies with us."

More regarding 800 Adept, Inc. v. Murex Sec., Ltd. after the jump.

[More]

Full post as published by FileWrapper on September 15, 2008 (boomark / email).