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Copying From a Copyrighted Computer Program May Be Fair Use to the Extent Needed to Promote Adoption of the Use of Accrued Talents in Creating a New Software Platform - ...

In Simo Holdings Inc. v. Hong Kong Ucloudlink Network, Appeal No.19-2411, the Federal Circuit held that a claim construction that excludes an embodiment disclosed in the specification is proper where the claim language and intrinsic evidence sufficiently indicate that the disclosed embodiment is not within the scope of the claim. SIMO Holdings Inc. (SIMO) sued Hong Kong uCloudlink Network (uCloudlink) for patent infringement, asserting claims directed to apparatuses and methods for reducing roaming charges on cellular networks. The parties cross-moved for summary judgment on infringement. Th...

, the Federal Circuit determination as to whether a reference is analogous art to a claimed invention requires, in part, an identification and comparison of the purposes or problems to which the reference and the invention relate, from the perspective of a person having ordinary skill in the art (“PHOSITA”). Donner requested IPR of a patent owned by Pro Stage relating to a mounting board for guitar effects pedals. In its IPR request, Donner asserted that the patent was obvious, in part, in view of a prior art reference related to electrical relay structures (“Mullen”). The PTAB rejec...