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Phillips V. AWH Corp.
''Phillips v. AWH Corp.'', 415 F.3d 1303 (Fed. Cir. 2005), was a case decided by the US Court of Appeals for the Federal Circuit en banc, that clarified the hierarchy of evidentiary sources usable for claim construction in patent law. Factual background The patent at issue, U.S. Patent No. 4,677,798, was for modular steel shell panels that could be arranged into vandalism resistant walls. The panels interlocked by means of steel baffles - internal barriers meant to create fillable compartments or to deflect projectiles that penetrate the outer wall. Defendant AWH Corporation distributed similar modular panels, and Plaintiff, Phillips, sued AWH for patent infringement. AWH asserted that its panels did not meet all of the limitations of Phillips' patent claims. The District Court granted AWH's summary judgment motion for noninfringement because it read the term "baffles" in the claims to mean internal barriers angled at angles other than 90 degrees. AWH's panels had baffles angl ...
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United States Court Of Appeals For The Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the U.S. federal court system. It has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademarks, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other categories. Unlike other federal courts, the Federal Circuit has no jurisdiction over cases involving criminal, bankruptcy, immigration, or U.S. state law. Headquartered in Washington, D.C., the Federal Circuit was created in 1982 with passage of the Federal Courts Improvement Act, which merged the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims, making the judges of the former courts into circuit judges. The court occupies the Howard T. M ...
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Sharon Prost
Sharon Prost (born May 24, 1951) is a United States circuit judge of the United States Court of Appeals for the Federal Circuit. Education Prost was born in Newburyport, Massachusetts. She received a Bachelor of Science degree from Cornell University in 1973, a Master of Business Administration from George Washington University in 1975, a Juris Doctor from American University Washington College of Law in 1979, and a Master of Laws from George Washington University Law School in 1984. Career Prior to her confirmation to the Federal Circuit, Prost had served as a lawyer at the Senate Judiciary Committee from 1993 to 2001, lastly as Chief Counsel. Although the Republicans were in the minority at the time of Prost's nomination, her eight years of service for the committee would have ensured that she was well known by all committee members. Before working for the Senate, she served as an attorney at the Federal Labor Relations Authority from 1980 to 1983, the United States Departme ...
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United States Court Of Appeals For The Federal Circuit Cases
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965 ...
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Teva Pharmaceuticals USA, Inc
Teva is the Hebrew word for nature ( he, טבע, "nature"). Teva may refer to: Companies * Teva Footwear, American footwear manufacturer * Teva Naot, Israeli footwear manufacturer * Teva Pharmaceuticals, Israeli multinational pharmaceutical company Organizations * Teva Learning Center, Jewish environmental education organization * The Textile and Clothing Workers' Union, a former trade union in Finland * World Esperantist Vegetarian Association, abbreviated as "TEVA" from its Esperanto name People with the given name * Teva Harrison, Canadian-American writer and artist * Teva Victor, sculptor from Bora Bora * Teva Zaveroni, Tahitian footballer Other uses * Téva, French TV channel See also * Tevatron The Tevatron was a circular particle accelerator (active until 2011) in the United States, at the Fermi National Accelerator Laboratory (also known as ''Fermilab''), east of Batavia, Illinois, and is the second highest energy particle collider ...
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United States Patent And Trademark Office
The United States Patent and Trademark Office (USPTO) is an agency in the U.S. Department of Commerce that serves as the national patent office and trademark registration authority for the United States. The USPTO's headquarters are in Alexandria, Virginia, after a 2005 move from the Crystal City area of neighboring Arlington, Virginia. The USPTO is "unique among federal agencies because it operates solely on fees collected by its users, and not on taxpayer dollars". Its "operating structure is like a business in that it receives requests for services—applications for patents and trademark registrations—and charges fees projected to cover the cost of performing the services tprovide . The Office is headed by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, a position last held by Andrei Iancu until he left office on January 20, 2021. Commissioner of Patents Drew Hirshfeld is performing the func ...
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Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the U.S. federal court system. It has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademarks, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other categories. Unlike other federal courts, the Federal Circuit has no jurisdiction over cases involving criminal, bankruptcy, immigration, or U.S. state law. Headquartered in Washington, D.C., the Federal Circuit was created in 1982 with passage of the Federal Courts Improvement Act, which merged the United States Court of Customs and Patent Appeals and the appellate division of the United States Court of Claims, making the judges of the former courts into circuit judges. The court occupies the Howard T. Markey ...
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Patent Law
A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A patent is not the grant of a right to make or use or sell. It does not, directly or indirectly, imply any such right. It grants only the right to exclude others. The supposition that a right to make is created by the patent grant is obviously inconsistent with the established distinctions between generic and specific patents, and with the well-known fact that a very considerable portion of the patents granted are in a field covered by a former relatively generic or basic patent, are tributary to such earlier patent, and cannot be practiced unless by license thereunder." – ''Herman v. Youngstown Car Mfg. Co.'', 191 F. 579, 584–85, 112 CCA 185 (6th Cir. 1911) In most countries, patent rights fall under private law and the patent holder mu ...
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Claim Construction
In a patent or patent application, the claims define, in technical terms, the extent, i.e. the scope, of the protection conferred by a patent, or the protection sought in a patent application. In other words, the purpose of the claims is to define which subject-matter is protected by the patent (or sought to be protected by the patent application). This is termed as the "notice function" of a patent claim—to warn others of what they must not do if they are to avoid infringement liability. The claims are of the utmost importance both during prosecution and litigation alike. For instance, a claim could read: * "An apparatus for catching mice, said apparatus comprising a base, a spring member coupled to the base, and ..." * "A chemical composition for cleaning windows, said composition substantially consisting of 10–15% ammonia, ..." * "Method for computing future life expectancies, said method comprising gathering data including X, Y, Z, analyzing the data, comparing the analyz ...
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En Banc
In law, an en banc session (; French for "in bench"; also known as ''in banc'', ''in banco'' or ''in bank'') is a session in which a case is heard before all the judges of a court (before the entire bench) rather than by one judge or a smaller panel of judges. ''En banc'' review is used for unusually complex or important cases or when the court feels there is a particularly significant issue at stake. United States Federal appeals courts in the United States sometimes grant rehearing to reconsider the decision of a panel of the court (consisting of only three judges) in which the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court. In rarer instances, an appellate court will order hearing ''en banc'' as an initial matter instead of the panel hearing it first. Cases in United States courts of appeals are heard by three-judge panels, randomly chosen from the sitting appeals court judges of that c ...
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US Court Of Appeals For The Federal Circuit
The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the Federal judiciary of the United States, U.S. federal court system. It has exclusive appellate jurisdiction over all U.S. federal cases involving patents, trademarks, government procurement, government contracts, veterans' benefits, public safety officers' benefits, federal employees' benefits, and various other categories. Unlike other federal courts, the Federal Circuit has no jurisdiction over cases involving Federal crime in the United States, criminal, Bankruptcy in the United States, bankruptcy, Immigration to the United States, immigration, or State law (United States), U.S. state law. Headquartered in Washington, D.C., the Federal Circuit was created in 1982 with passage of the Federal Courts Improvement Act, which merged the United States Court of Cus ...
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Timothy B
''Timothy B'' is the second studio solo album by Timothy B. Schmit, the bass guitarist and co-lead vocalist for the Eagles. The album was released in 1987 on MCA in the United States and Europe, three years after Schmit's debut solo album, ''Playin' It Cool'' and seven years after the demise of the Eagles. The album peaked at #106 on the ''Billboard'' 200 chart, and the single, " Boys Night Out", hit #25 on the ''Billboard'' Hot 100 chart, Schmit's best selling single. The album was produced by Richard Rudolph, and it was co-produced by Bruce Gaitsch. Background When Schmit was asked about why there were less notable musicians compared to his last album, he said "I decided to stay out of the real glamour studios and to keep the clientele down too. I did it on purpose mainly for less distractions. I mean I really knew what I wanted to do on this album and I decided purposely not to use my famous and semi-famous friends just to have it be more of what I can do on my own. And that ...
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Paul Redmond Michel
Paul Redmond Michel (born February 3, 1941) is a retired United States circuit judge of the United States Court of Appeals for the Federal Circuit and a former Chief Judge of that court. Education and experience Born on February 3, 1941,>Joint Committee on Printing, ''Official Congressional Directory, 2009-2010'' (2010), p. 848. in Philadelphia, Pennsylvania to Lincoln M. and Dorothy, Michel was educated in public schools in Wayne, Pennsylvania and Radnor, Pennsylvania. Michel received an Artium Baccalaureus degree in 1963 from Williams College and a Juris Doctor in 1966 from the University of Virginia School of Law. He was assistant district attorney in the Office of the Deputy District Attorney for Investigations in Philadelphia from 1966 to 1974, as well as a Second Lieutenant in the United States Army Reserve from 1966 to 1972. From 1974 to 1975 he was the Assistant Watergate Special Prosecutor, and from 1975 to 1976 was assistant counsel to the United States Senate Select ...
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