TF3 Ltd. v. Tre Milano, LLC, No. 16-2285 (Fed. Cir. 2018)
Annotate this CaseTre Milano challenged the validity of claims 1–5 and 11, and did not challenge the validity of claims 6–10 and 12–15 of the 118 Patent, which covers a device that automates the curling of hair. A strand of hair is fed into a chamber of the device, the hair is wound around a rotating curling member in the chamber, the wound hair is heated to preserve the curl, and the curled hair slides off the curling member and exits the chamber so that the curvature of the curls created by the device can be substantially maintained. The Patent Trial and Appeal Board instituted Inter partes review of all of the claims that were challenged. The Federal Circuit concluded that the Board erred in its finding of anticipation by erroneously construing two claim terms: “the length of hair can pass through the secondary opening” and “free end,” broadening the claims beyond the description in the 118 Patent specification. On the correct claim construction, the claims are not anticipated by prior art, 35 U.S.C. 102(b).
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