{"id":2641,"date":"2020-01-13T16:43:00","date_gmt":"2020-01-13T21:43:00","guid":{"rendered":"https:\/\/patents.harnessip.com\/?p=2641"},"modified":"2020-01-26T18:44:28","modified_gmt":"2020-01-26T23:44:28","slug":"affirmed-patent-owners-claim-construction-that-excluded-preferred-embodiments-was-not-correct","status":"publish","type":"post","link":"https:\/\/patents.harnessip.com\/?p=2641","title":{"rendered":"Affirmed; Patent Owner’s Claim Construction that Excluded Preferred Embodiments Was Not Correct"},"content":{"rendered":"\n

In Eko Brands, LLC, v. Adrian Rivera Maynez Enterprises, Inc.<\/a>, [2018-2215, 2018-2254] (January 13, 2020), the Court of Appeals for the Federal Circuit affirmed the judgment of invalidity of U.S. Patent No. 8,720,320 owned by ARN, on an adaptor device for use with Keurig\u00ae single-brew coffee machines and of infringement of U.S. Patent No. 8,707,855 owned by EKO on a reusable filter cartridge device for use with single-serve beverage brewing machines.<\/p>\n\n\n\n

On appeal ARM argued that brewing\nchamber in the claims of the \u2018320 patent required a closed chamber, and thus\nthe prior art did not make the claimed invention obvious.  The Federal Circuit distinguished other\npatents that showed closed brewing chamber, noting that these specifically describe\nthe chamber as sealed. The Federal Circuit also rejected the argument that several\nembodiments of in the \u2018320 patent that showed sealed brewing chambers, meant\nthat brewing chamber had to be sealed, because there were also several\nembodiments with unsealed brewing chambers. \nThe Federal Circuit applying the Canon of Claim construction that \u201ca\nclaim construction that \u2018excludes the preferred embodiment is rarely, if ever, correct\nand would require highly persuasive evidentiary support\u201d to find that the\ndistrict court\u2019s construction was correct. \nThe Federal Circuit also affirmed the award of attorneys fees to the\naccused infringer of the \u2018320 patent.<\/p>\n\n\n\n

On the issue of infringement\nof the \u2018855 patent, ARM argued that the claims of the patent required a single\nserve beverage brewer (\u201cA beverage brewing device for use with a single serve\nbeverage brewer having a brewing holster . . .\u201d).  The Federal Circuit disagreed, noting that on\nits face does not require a beverage brewer, even if the preamble is limiting.\nTo the extent that claim mentions a beverage brewer it is only as a \u201creference\npoint\u201d to define the purpose and structure of the brewing device.  Thus the Federal Circuit affirmed the finding\nof infringement.  The Federal Circuit also\naffirmed the finding of no willful infringement, noting that the instruction as a whole was not legally erroneous\ngiven the limited nature of Eko\u2019s objection.<\/p>\n","protected":false},"excerpt":{"rendered":"

In Eko Brands, LLC, v. Adrian Rivera Maynez Enterprises, Inc., [2018-2215, 2018-2254] (January 13, 2020), the Court of Appeals for the Federal Circuit affirmed the judgment of invalidity of U.S. Patent No. 8,720,320 owned by ARN, on an adaptor device … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7],"tags":[],"class_list":["post-2641","post","type-post","status-publish","format-standard","hentry","category-claim-constructino"],"post_mailing_queue_ids":[],"_links":{"self":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/2641","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=2641"}],"version-history":[{"count":1,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/2641\/revisions"}],"predecessor-version":[{"id":2642,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=\/wp\/v2\/posts\/2641\/revisions\/2642"}],"wp:attachment":[{"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=2641"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=2641"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/patents.harnessip.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=2641"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}