Fletcher Yoder(1) Claims surviving reexamination cannot be the sole basis for granting summary judgment that a claim is not invalid, (2) terms of degree do not require numerical precision to be definite, (3) damages apportionment can be done via the royalty base or the royalty rate.
Mere negotiation and contracting for an eventual sale of a product outside the U.S. does not give rise to infringement under § 271(a). Post-suit developed defenses, when found to raise a substantial question of the validity of a patent, may operate to preclude a finding of willful infringement.
Evidence of uncertainty and extensive testing can be useful to show nonobviousness, even if a claimed element was known to be possible and considered at a prior time.
An “offer to sell … within the United States” occurs when a company makes an offer, whether made inside or outside of the United States, to sell a product that the buyer will use in the United States. In addition, an “offer to sell” occurs when the product specified in the contract infringes a patent, notwithstanding the state of the product ultimately delivered.