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ARTICLE · 17 AUGUST 2016

Federal Circuit Patent Updates - August 2016

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"Because the specification does not limit the scope of the invention in the manner the district court described, the asserted claims are not invalid for lacking such a limitation."

United StatesIntellectual Property
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ScriptPro LLC v. Innovation Associates, Inc. (No. 2015-1565, 8/15/16) (Moore, Taranto, Hughes)

August 15, 2016 10:41 AM

Moore, J. Reversing summary judgment of invalidity of claims for lack of written description. "Because the specification does not limit the scope of the invention in the manner the district court described, the asserted claims are not invalid for lacking such a limitation." "In [Gentry Gallery and ICU Medical], the specifications clearly limited the scope of the inventions in ways that the claims clearly did not. ... Such is not the case here. ... Not every claim must contain every limitation or achieve every disclosed purpose."

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