Archive for the ‘Oral Argument of the Month’ Category

Oral Argument of the Month — Laryngeal Mask Co. Ltd. v. Ambu

Saturday, August 14th, 2010

The Federal Circuit heard oral argument in Laryngeal Mask Co. Ltd. v. Ambu earlier this month.  The court has not yet issued its opinion in the case.  The case concerns US patents 7,156,100 and 5,303,697.

This was an interesting oral argument.  It is one of those arguments that is good for new prosecutors to listen to so that they are aware of the arguments that will be brought against their work product.  The oral argument included a host of arguments that go toward the preparation and prosecution of an application. 

“The Present Invention”

Usually, “the present invention” argument is raised by an accused infringer who wants to narrow claim language to what was described as “the present invention” or “the invention” in the specification or prosecution history.  This case was a little different in that the patentee (rather than the accused infringer) argued that the language describing “the present invention” did not include the element that the accused infringer was trying to read into the claim.  Therefore, the patentee argued that the claim should be construed broadly based upon “the present invention” language.

Detailed Description of the Invention vs. Detailed Description of the Preferred Embodiments

Similar to the above, use of “the invention” as part of the Detailed Description heading was this time argued by the accused infringer to limit the claims to the disclosed embodiment.

Disclosure of a Single Embodiment

Judge Lourie asked about the disclosure of a single embodiment described as the preferred embodiment.  He queried whether disclosure of a single embodiment described as “the preferred embodiment” might require “preferred” to be read as “only.”  You can listen to his comment here: [Listen].

Broad Summary language

The patentee argued for a broad claim construction based on a broad Summary section of the patent.

Language from the Brief Description of the Drawings

The accused infringer argued that the claims should be limited based on use of the phrase “the present invention” to describe Fig. 1 of the patent.

You can listen to the entire oral argument here: [Listen].

Oral Argument of the Month — Akamai Tech v. Limelight Networks

Wednesday, June 9th, 2010

The oral argument of the month for the month of June is Akamai Tech v. Limelight Networks which was argued on Monday.  This oral argument is quite interesting — especially if you are dealing with divided infringement issues.  In addition to a lengthy discussion of divided infringement, the judges were also interested in the use of “the present invention” phrase vs. the ”preferred embodiment” phrase in the specification.

So far, there has been no opinion in the case.  You can listen to the oral argument here: [Listen].

Oral Argument of the Month — May 2009

Monday, August 17th, 2009

The oral argument of the month for May 2009 is Corebrace v. Star Seismic.  The case concerned a license agreement to “make, use, and sell” licensed products.  The issues centered around whether that language necessarily included the right for a third party to make the licensed products for the licensee when a subsequent clause in the license agreement reserved rights to the licensor that had not been expressly granted by the license agreement.

You can listen to the entire oral argument here: [Listen].

You can read the opinion here: [Read].

Oral Argument of the Month — April 2009

Friday, July 17th, 2009

Since everyone’s time is short I thought I would start posting an “oral argument of the month” that is worth the effort to listen to.  The oral argument of the month for cases decided in April 2009  is the In re Kubin case.  You can download the oral agrument or play it from here: [Listen]. 

The decision is available here: [Read].