Posts Tagged: claim construction


New PTAB Rules Level the Playing Field for Patent Owners in IPR

After much public comment and debate, new changes to rules for post-grant administrative trials before the Patent Trial and Appeal Board (PTAB) go into effect on May 2, 2016. …
By Ben Pleune & Pamela Councill 1 month ago 8

Federal Circuit reverses PTAB claim construction in IPR appeal

Pride Mobility appealed, and noted that the Board construed claim 7 as requiring a "substantially planar" mounting plate "oriented perpendicular" to the axis of the wheelchair's drive wheel, …

BRI v. Plain and Ordinary Meaning in Claim Construction: Much Ado About Nothing?

On one hand, logic dictates that the broader the interpretation of the claim, the more extensive the array of relevant prior art—and in turn the more …
By Sarah Barrows 1 month ago 17

BRI and Phillips are No Different – Unified Patents Responds

Unified Patents Inc. explained in its amicus brief in Cuozzo Speed v. Lee that “[t]he phrase ‘broadest reasonable interpretation’ describes the same procedure applied in both …
By Scott A. McKeown 1 month ago 28

CAFC: Claim construction is appropriate even where term has a plain and ordinary meaning

Clare sued Chrysler for infringement of two patents on hidden storage boxes for pick-up trucks. Clare argued that the limitations do not need a construction because the …

BRI in IPR may be narrower than broadest ordinary meaning, broader than Phillips standard

The Court noted that the Board failed to account for how the claims and specification inform the ordinary skilled artisan as to what ordinary definition the patentee …

Patent Claim Interpretation: The Broadest Reasonable Interpretation Standard

The broadest reasonable interpretation standard is frequently referred to simply as BRI within the industry. The Patent Office applies the broadest reasonable interpretation in virtually all circumstances. …
By Gene Quinn 4 months ago 12

Federal Circuit Reiterates High Standard for Prosecution History Disclaimer

In a January 29, 2016 decision, the Federal Circuit vacated a jury judgment of non-infringement and ordered the District of Delaware to conduct a new trial where construction of …

Wi-LAN suffers Federal Circuit defeat to Apple in patent dispute

Wi-LAN argued that even if they could not prove direct infringement, a structure that performs the steps in the reverse order should properly be found to infringe …
By Gene Quinn 5 months ago 5

CAFC uses de novo review because claim interpretation based solely on intrinsic evidence

On remand, the Federal Circuit used the de novo standard. Teva’s deferential “clear error” standard did not apply, because the district court did not make any …

Will SCOTUS Provide Guidance on Judicial Review and Claim Construction for IPR Proceedings?

The NYIPLA asks the Court to grant the petition in order to make clear that judicial review is available when the PTO institutes an IPR proceeding and …

CAFC Rejects Claim Construction on Plain Meaning when Context Leads to a Different Interpretation

The district court erred by relying entirely on the plain meaning of the claim where context-based interpretations were necessary. The Court held that the plural terms “intervals” …

CAFC Reverses Claim Construction on Operability Requirements of the Invention

The Federal Circuit reversed the district court’s claim construction, and held that the claim language does not require that the start and duration of remote-transmission intervals …

Inline Plastics v. EasyPak: CAFC rules asserted claims not limited to a specific embodiment

Since the preferred embodiment did not have patentable characteristics that are distinct from other disclosed embodiments, the Court held that “the patentee [was] entitled to claim scope …

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 …