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In excluding the damages testimony, Judge Rader also rejected plaintiff’s argument that it was difficult to determine the value of the desktop switching feature relative to other features of the products based on the information produced in discovery and that the desktop switching feature “has no separate valuation, no aftermarket, and thus no way to value the accused feature separately.” The court found that the burden of proof lay with plaintiff and not with defendant: “IPI must show some plausible economic connection between the invented feature and the accused operating systems before using the market value of the entire product as the royalty base.” at 4.

Finally, Judge Rader also addressed the evidentiary value of other license agreements.

by Neil Padgett A valid priority claim can allow a patent application to benefit from the filing date of an earlier patent application so as to exclude certain prior art from consideration. Indeed, a valid priority claim is similarly important when filing in Canada, making it important to understand both the similarities and the differences between Canada and the U. Yeda Research At issue in Yeda Research was the citability of a novelty-destroying reference. law, in order for the claims of a patent to benefit from the filing date of an earlier application, various requirements must be satisfied.

Federal Circuit in Yeda Research and Development Co v Abbott Gmb H & Co is a reminder of the importance of ensuring the validity of priority claims so that the associated benefits can be attained.

But the recent Federal Circuit case law discussed in our prior article, as well as the additional case discussed below, does signal that the Federal Circuit is providing strong guidance as to the degree of scrutiny of the damages theories and evidence that district courts should undertake.

case, we are sure that plaintiff was none too pleased that Judge Rader was sitting by designation in their case, at least with regard to damages).

A prior art reference need not be directed to the claimed point of novelty in order to be analogous.

The court found that “these [older specific] licenses are far more relevant than the general market studies” that plaintiff’s expert selected to rely upon.The prior art deals generally with graphical user interface design and includes a chapter devoted to menu design with specific suggestions for how to order menu items.Issue(s): Whether the prior art is analogous to the claimed invention. “The field of endeavor of a patent is not limited to the specific point of novelty, the narrowest possible conception of the field, or the particular focus within a given field.“The field of endeavor of a patent is not limited to the specific point of novelty, the narrowest possible conception of the field, or the particular focus within a given field.” This would be a good case to consult before arguing that a prior art reference is non-analogous.Background / Facts: The patent on appeal here from inter partes review proceedings at the PTO is directed to providing wireless network subscribers (e.g., cell phone users) with prioritized search results based on the location of their mobile device (e.g., the nearest gas station).

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