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

The Federal Circuit Rejects Infringement Arguments That Are Inconsistent with Prior Art Validity Arguments

September 1, 2021

Authored and Edited by Sneha Nyshadham; Christina Ji-Hye Yang; Esther H. Lim; Elizabeth D. Ferrill

In Commscope Techs. LLC v. Dali Wireless Inc., Nos. 2020-1817, 2020-1818 (Fed. Cir. August 24, 2021), the Federal Circuit reversed the district court’s denial of JMOL of non-infringement and affirmed the denial of JMOL of invalidity of Dali’s U.S. Patent No. 9,031,521.

Dali accused CommScope’s FlexWave system of infringing the ’521 patent relating to wireless communications with portable equipment and handsets. The district construed “switching a controller off” as “[s]witching a controller to an off status.” The jury found infringement and no invalidity. Commscope appealed and Dali cross appealed.

The Federal Circuit held that Dali failed to preserve its challenge to the district court’s claim construction because it was relegated to a footnote. The Federal Circuit then reversed the finding of infringement, holding that Dali’s infringement argument conflicts with its validity arguments. The Federal Circuit held that Dali cannot simultaneously argue that the FlexWave system infringes by using a switch that is effectively nonoperating for a single power amplifier and that a prior art reference does not anticipate, given it has a switch that operates identically to select feedback from multiple power amplifiers. The Federal Circuit also concluded that Dali failed to argue infringement under the doctrine of equivalents.

Tags

United States Court of Appeals for the Federal Circuit (CAFC), infringement, direct infringement, prior art, invalidity

Related Practices

Appeals, Issues, and Legal Strategy

Federal Circuit and Supreme Court Appeals

Related Industries

AI, Electronics, and Information Technology

Electronic Devices and Components

Related Offices

Washington, DC

Contacts

Christina Ji-Hye Yang
Partner
Washington, DC
+1 202 408 4465
Email
Esther H. Lim
Partner and Chief Community Officer
Washington, DC
+1 202 408 4121
Email
Elizabeth D. Ferrill
Partner
Washington, DC
+1 202 408 4445
Email

Copyright © 2021 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

Charitable

TopGolf for the Troops 2026

June 11, 2026

Ashburn

Articles

California Reaches Record $12.75 Million CCPA Settlement with General Motors Over Driver Data

June 4, 2026

Articles

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

D. Mass. Patent Litigation Update: April 2026

June 1, 2026

At the PTAB Blog

Consistency Is Key – USPTO Issues Three New Informative Decisions

May 29, 2026

At the PTAB Blog

Discretion All the Way Down: USPTO Uses a Discretionary IPR Denial to Justify a    
§ 325(d) EPR Denial

May 28, 2026

Articles

Colorado Replaces Landmark AI Act: An Overview of the New SB 26-189 Framework

May 26, 2026

At the PTAB Blog

IPR and PGR Statistics for Final Written Decisions Issued in March and April 2026

May 26, 2026

At the PTAB Blog

Claim Disclaimer Derails Instituted IPR in Freightcar America

May 26, 2026

At the PTAB Blog

Before the Holding, the Message: Director Squires Uses Magnolia Medical to Outline PTAB Discretionary Denial Policy Changes

May 20, 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