By Audrey Millemann

It finally happened. A patent applicant sued the federal government for diverting millions of dollars to the general fund. Surprise! The plaintiff lost.
Continue Reading Here’s to Miguel Figueroa!

By R. Todd Wilson

The U.S. Court of Appeals for the Federal Circuit held on July 13, 2005 that the export of software from the United States to foreign computer manufacturers which copy and install the software and then sell computers loaded with the software abroad constitutes an infringing supply of a patented component in violation of Section 271(f) of the United States Patent Act. The case is AT&T Corp. v. Microsoft Corp., 2005 WL 1631112 (Fed. Cir. July 13, 2005). This case, considered together with Eolas Technologies Inc. v. Microsoft Corp., 399 F.3d 1325 (Fed. Cir. 2005), lays out the Federal Circuit’s current interpretation of Section 271(f) regarding the exportation of software code.
Continue Reading Exported Software Copies Are Infringing Supply of Components in Microsoft Cases

#160

By Audrey Millemann

The
Federal Circuit Court of Appeals issued its long-awaited decision in the patent
infringement case,

Phillips v. AWH
Corporation,
2005 WL 1620331 (Fed. Cir. July 12, 2005).#160
The en banc opinion is significant both for what it did hold and what it
did not.

The
court held that patent claims are to be interpreted in accordance with the
specification, and that dictionaries should not be used in the first instance.#160
After requesting briefs on the broader question of whether a district court’s
claim construction decision should be given any deference, and receiving over 30
amicus briefs, the court declined to reach that issue.#160

Continue Reading Claim Construction: A Little Less Uncertain But Still Just As Uncertain