Federal Circuit Patent Updates - April 2018

April 26, 2018 11:07 AM

Mayer J. Affirming plaintiff's motion for a new trial motion. The defendant did not improperly assert a "practicing the prior art" defense. While a defendant "cannot defeat a claim of literal infringement or establish invalidity merely by pointing to similarities between an accused product and the prior art," this rule does not "preclude a litigant from arguing that if a claim term must be broadly interpreted to read on an accused device, then this same broad construction will read on the prior art."

WilmerHale represented the defendants-appellees.