Patent claims have “limitations.” Accused infringing products have “elements.” A patent owner may argue that patent claim “limitations” read onto “elements” of an accused infringing product. The Federal Circuit, sitting en banc, resolved this divisive issue fifteen years ago: “It is preferable to use the term ‘limitation’ when referring to claim language and the term
RANDomness
- In the wake of the FTC-Google settlement, an investigation into potential antitrust violations by Google continues in Europe. Joaquin Almunia, the European Commission’s antitrust & competition chief, said that the FTC’s decision would not affect the European Commission’s investigation. (Financial Times)
- Unwired Planet — an NPE formed out of the remains of
RANDomness
The DOJ and USPTO released a joint policy statement on January 8 regarding remedies for infringement of FRAND-encumbered SEPs, taking the position that injunctive relief is generally inappropriate for these patents. Microsoft praised the statement, and called on the FTC to consider strengthening its consent agreement with Google.- Ars Technica reports that at
