直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • Articles & Books
    • Ad Law Buzz Blog
    • At the PTAB Blog
    • European IP Blog
    • Federal Circuit IP Blog
    • INCONTESTABLE® Blog
    • Prosecution First Blog
  • Events & Webinars
  • IP Updates
  • Podcasts
    • AI + Finnegan
    • AI + Copyright
    • AI + Patent
    • AI + Privacy
    • AI + Trade Secrets
    • AI + Trademark
  • Unified Patent Court (UPC) Hub

Federal Circuit IP Blog

Claim Term Given Plain Meaning Absent Clear Disclaimer or Disavowal

March 08, 2016

Authored and Edited by Christopher B. McKinley; Elizabeth D. Ferrill; Jeff T. Watson

In Luminara Worldwide, LLC v. Liown Electronics Co., No. 15-1671 (Fed. Cir. Feb. 29, 2016), the Federal Circuit vacated a preliminary injunction because there was substantial question as to whether the asserted claim was anticipated by the prior art.

Luminara sued Liown for infringing its patent covering flameless, light-flickering candles. Luminara moved for a preliminary injunction to bar Liown from making, using, or selling its own artificial candles. The district court found no substantial question of validity that would challenge Luminara’s likelihood of success and granted the injunction. In reaching its decision, the district court, based on embodiments shown in the specification, construed “free to pivot” to mean a moving body having four degrees of freedom, thereby distinguishing the claim over the closest prior art reference, which disclosed a body that moves in only two ways.

On appeal, the Federal Circuit found the district court’s construction inconsistent with the plain meaning of “free to pivot.” Moreover, the Court explained that there was no instruction in the specification to depart from the plain meaning. Accordingly, the Court preliminarily construed the claim to require “chaotic pivoting, with no further requirements on movement.” Because it was undisputed that the asserted prior art teaches pivoting on two axes, the Court found that Liown’s argument that the prior art anticipates the claim raised a substantial question of validity and, thus, vacated the district court’s grant of a preliminary injunction.

Tags

preliminary injunction, AI + Patent

Related Industries

AI, Electronics, and Information Technology

Artificial Intelligence (AI) and Machine Learning (ML)

Contacts

Elizabeth D. Ferrill
Partner
Washington, DC
+1 202 408 4445
Email

Copyright © 2016 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. 


DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.

Related Insights

Webinar

Early Motions in Trade Secret Litigation – Offensive and Defensive Insights

July 15, 2026

Webinar

Webinar

Inventive Step in Europe and the US: Comparing the UPC, EPO and National Approaches

July 8, 2026

Webinar

Federal Circuit IP Blog

“2” Does Not Provide Written Description Support for “1”: Federal Circuit Affirms District Court’s Invalidation of Patent

July 8, 2026

Federal Circuit IP Blog

Federal Circuit Vacates and Remands Infringement and Damages Judgment After Erroneous Verdict Form and Eligibility Analysis

July 8, 2026

Articles

EPR Academy, Part 4 of 6: Choosing Between EPR, IPR, PGR, and Reissue

July 1, 2026

Articles

Article_D.-Mass-Patent-Litigation-Update-October-2024

D. Mass. Patent Litigation Update: May 2026

June 30, 2026

At the PTAB Blog

Deadline Evolution: Director Extends Deadline for Requesting Director Review of Institution Grants to 30 Days

June 30, 2026

Federal Circuit IP Blog

Redesigns Done Right at the ITC: Federal Circuit Affirms ITC Determination of Noninfringement of Redesigned Products

June 26, 2026

Federal Circuit IP Blog

Federal Circuit Affirms Noninfringement Ruling in Hatch-Waxman Litigation Based on Claim Construction, Prosecution History Estoppel, and the Disclosure-Dedication Rule

June 26, 2026

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP