Friday, February 20, 2015

[CAFC] Preamble - limiting? PACING TECHNOLOGIES, LLC v. GARMIN INTERNATIONAL, INC.

http://www.cafc.uscourts.gov/images/stories/opinions-orders/14-1396.Opinion.2-13-2015.1.PDF

"Just because an embodiment does not expressly disclose a feature does not mean that embodiment excludes that feature."

"However, in a case such as this, where the patent describes multiple embodiments, every claim does not need to cover every embodiment."

Monday, February 16, 2015

SS10. Basic exercise

- If notice is delivered in person or by certified mail with return receipt request, notice will be effective.
--> Notice will be effective only if it is delivered in person or by certified mail, return receipt requested.

- The court should presume that the administrator's functions have ceased only when evidence proves it.
--> Without contrary proof, the court should presume that the administrator's functions continue.

- If the administrator reviews the application and finds that it contain all the requisite materials, termination will be approved.
--> Termination will be approved only after the administrator reviews the application and finds it complete.

SS 9. Basic exercise

1. The court relied heavily on the district court's statement that (1) the would-be intervenors retained the right to appear through counsel, to participate in the fairness hearing, to conduct discovery, and (2) they had standing to appeal the court's approval or disapproval of the class-action settlement.

2. the identify of the parties

3. (1) is ongoing, (2) implicates ... , (3) affords