Posts Tagged: claim construction


PTAB must evaluate district court claim construction to determine whether it is consistent with BRI

Even though the Board is generally not bound by the district court’s construction of claim terms, it does not mean that “it has no obligation to …
14 days ago 0

Overview of USPTO proposed rule changes to practice before the Patent Trial and Appeal Board

USPTO proposed rule changes would amend the existing rules relating to trial practice for inter partes review (IPR), post-grant review (PGR), the transitional program for covered business …
15 days ago 6

Court Reverses Indefiniteness Under Nautilus; Design Patents for Surgical Shears are Valid

Ethicon sued Covidien in the Ohio district court for infringement of utility and design patents directed to ultrasonic surgical shear devices. The court granted Covidien’s motions …
21 days ago 0

Was the Federal Circuit Trying to Save Us from Ourselves in Williamson v. Citrix?

In Williamson v. Citrix, the Federal Circuit overruled its own precedent that there is a “strong” presumption that claim limitations that do not use the term “means” …
1 month ago 6

Federal Circuit Review – Issue 56 – June 26, 2015

In this issue of the Federal Circuit Review: (1) A Patent Owner Must Show They Are Entitled to Amended Claims In an Inter Partes Review, Including in View …
2 months ago 0

Teva and What It Means for Apple v. Samsung and Design Patents

Two independent errors warrant reversal, but to be fair, the district court did not have the benefit of the Supreme Court’s decision in Teva. Now, the …
6 months ago 3

Supremes end Federal Circuit love affair with de novo review

The United States Court of Appeals for the Federal Circuit has had a very long love affair with de novo review, a standard whereby the reviewing appellate …
8 months ago 8

Nonprecedential Federal Circuit Decision Generates a Dissent

I would have to think that this decision, which required the Federal Circuit to construe claim terms, would have to be presidential in at least some ways, …
9 months ago 2

Plaintiff Waives Infringement Under Proper Claim Construction

The Federal Circuit issued a decision in CardSoft v. Verifone, which the Court overturned the district court’s claim construction. Overturning a district court’s claim construction …
10 months ago 7

USPTO Launches Glossary Pilot to Promote Patent Claim Clarity

Pilot participation requires an applicant to include a glossary section in the patent application specification to define terms used in the patent claim. Applications accepted into the …
1 year ago 3

Will the Supreme Court Weigh in on Claim Construction Appeals?

While the Lighting Ballast majority upheld the Cybor standard, even Judge Newman, who penned the opinion, seemed to recognize that the decision was on shaky legal footing, …
1 year ago 0

Conjunctions and/or Patent Claims

The U.S. District Court for the District of Kansas construed the word “or” in clause (e) of Claim 1 to mean “a choice between either one of …
2 years ago 9