Here is a report on recent news and commentary related to the Federal Circuit and its cases. Today’s report highlights:
- an article discussing Apple’s plan to “introduce watches without the blood oxygen monitoring feature” after the Federal Circuit “lifted a stay of the U.S. International Trade Commission’s ban on the original products”; and
- an article highlighting how “[f]our 2023 opinions concerning claim construction from the U.S. Court of Appeals for the Federal Circuit offer lessons on how patent prosecution can affect later litigation.”
Susan Kelly wrote an article for MedTechDive discussing Apple’s plan to “introduce watches without the blood oxygen monitoring feature” after the Federal Circuit “lifted a stay of the U.S. International Trade Commission’s ban on the original products.” According to Kelly, “Apple is working around the ITC ban by launching redesigned versions of its smartwatches with the pulse oximetry feature removed.”
Steven Wood authored an article for Law360 highlighting how “[f]our 2023 opinions concerning claim construction from the U.S. Court of Appeals for the Federal Circuit offer lessons on how patent prosecution can affect later litigation.” Wood notes how the “cases serve as a reminder to attorneys to draft a patent specification clearly and in a way that provides specific support for claim terms, particularly terms that include ranges and terms that may be interpreted as singular or plural.”