Litigation Update | August 2025
An Examiner’s Allowance Does Not Create an “Especially Weighty” Presumption of Written-Description Support Justin J. Gillett & Alex Martin del Campo MONDIS TECHNOLOGY LTD., HITACHI MAXELL, LTD., NKA MAXELL HOLDINGS, LTD., MAXELL,...
Deleted Specification Portions Undermine Claim Construction
FMC Corp. v. Sharda USA, LLC Before Moore, Chen, and Barnett. Appeal from the Eastern District of Pennsylvania. Summary: The district court erred by construing a claim term based on...
New Trial Granted Because “Nearly All” of the Defendant’s Noninfringement Evidence Was Untimely
TRUDELL MED. INT’L INC. V. D R BURTON HEALTHCARE, LLC Before Moore, Chen, and Stoll. Appeal from the U.S. District Court for the Eastern District of North Carolina. Summary: The...
Unclean Hands and Inequitable Conduct: Dishonesty Is Not the Best Policy
LUV N’ CARE, LTD. v. LAURAIN
Before Reyna, Hughes, and Stark. Appeal from the Western District of Louisiana.
Summary: The district court correctly found unclean hands, but erred by finding no inequitable conduct without addressing the collective weight of the evidence of prosecution misconduct.
