There are many keys to establishing liability in a patent case, including defending one’s patent against invalidity and unenforceability attacks. But the determinative question of infringement, should the dispute reach trial, is typically the issue the fact-finder will decide first, before all others. And, in the last several weeks, the U.S. Court of Appeals for the Federal Circuit (CAFC) reminded all practitioners and parties that proving patent infringement, even though this threshold question need only be established by a preponderance of the evidence, is no easy task.
In four separate decisions, the CAFC either affirmed findings of non-infringement or reversed findings of infringement. This article reports on those decisions, and specifically the issue of patent infringement and the importance of claim construction.
‘Nuance v. ABBYY’
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