SIMPLEAIR, INC. v GOOGLE LLC, 16-2738, decided March 12, 2018

U.S. Patent No. 8,639,838, directed to messaging.  The district court indicated that filing a terminal disclaimer resulted in claim preclusion, relying on non-infringement of the parent patent with the understanding that the terminal disclaimer indicated that the continuation patent was to the same dispute.  According to the Federal Circuit, “a terminal disclaimer is a strong […]

STEUBEN FOODS, INC. v. NESTLE USA, INC., 17-1290, decided March 13, 2018

U.S. Patent No. 6,475,435, directed to an over-pressurized sterilization tunnel for food packaging.  “Sterilant concentration levels” of the claim is at any point in the tunnel rather than just in the volume of pressurized gas (pages 4-5).  The specification mentions levels of gas and residual concentration on lids of bottles (page 5).  There is nothing […]