Last Month At The Federal Circuit - October, 2009

Contents

• Where There Is No Clear Disavowal of Claim Scope, a Patentee's Express Definition of a Claim Term Controls
  Martek Biosciences Corp. v. Nutrinova, Inc.
  Nos. 08-1459, -1476 (Fed. Cir. Sept. 3, 2009)
  [Appealed from D. Del., Chief Judge Sleet]
• Use of the Term "Comprising" Does Not Render a Claim Anticipated by a Device That Contains Less Than What Is Claimed
  In re Skvorecz
  No. 08-1221 (Fed. Cir. Sept. 3, 2009)
  [Appealed from Board]
• Res Judicata Applies When Device Accused in Second Suit Remains Unchanged with Respect to Claim Limitations at Issue in First Suit
  Nystrom v. Trex Co. No. 09-1026 (Fed. Cir. Sept. 8, 2009)
  [Appealed from E.D. Va., Judge Davis]
• Structural and Functional Analysis of Disclosed and Prior Art Elements Are Required When Means-Plus-Function Limitations Are at Issue