Posts Tagged: claim construction


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 29 days 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 …

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 …
By Gene Quinn 6 months 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 …

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” …
By Bryan Wheelock 7 months 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 …

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 …
By Derek F. Dahlgren 12 months ago 3