Claim requiring removal of element can include that same element in infringing product

In a rare decision, Western District of Texas court holds patent invalid under § 101

Federal Circuit states there is no heightened written description standard for negative limitations

Intel’s challenges to Qualcomm’s patents sent back to the USPTO to resolve claim interpretation and obviousness issues

Interpreting a numerical claim limitation requires examining the specification and prosecution history, rather than acontextually performing a significant digits analysis

The patentee tried a combination as directed by the prior art and obtained a patent on the combination. The Federal Circuit upheld the patent because the prior art did not show a reasonable expectation of success.

After holding Moderna has standing to appeal an adverse Inter Partes Review decision, Federal Circuit upholds patent over Moderna’s challenge. Concerning another adverse decision in an IPR against a different patent, Moderna found not to have standing to appeal.

The patent specification did not support a claim to a specific dose of 480 mg/day of DMF, sold under the brand name Tecfidera for the treatment of MS

Held: Written description cases are intensively fact-oriented and a disclosure with isolated examples does not support claimed ranges with lower and upper bounds

Held: Significant use of trademark by anyone may undercut a claim of substantially exclusive use necessary to show acquired distinctiveness