Posts Tagged: claim construction


Is ‘Plain and Ordinary Meaning’ a Viable Proposed Claim Construction After the Federal Circuit’s Decision in Eon?

In last year’s decision in Eon Corp. IP Holdings LLC v. Silver Spring Network, Inc. 815 F.3d 1314, 1320 (Fed. Cir. 2016), the Federal Circuit reversed the District Court’…
By Sarah Brooks
5 hours ago 1

Samsung Succeeds in Reducing Damages for Infringement of Two Rembrandt Patents

Rembrandt sued Samsung for patent infringement in the Eastern District of Texas and convinced a jury that Samsung infringed its two asserted patents, awarding $15.7 million in damages. …

Federal Circuit says Rule 36 Judgments can have Preclusive Effect

A Federal Circuit Rule 36 judgment can be a valid and final judgment for purposes of preclusive effects. Additionally, district court findings affirmed by a Rule 36 judgment can …

Federal Circuit affirms ruling that Apple does not infringe Core Wireless’ Patent

Core Wireless sued Apple for infringing its patent directed to a cellular network system including a mobile station providing for improved transmission of data packets. The jury …

Mylan’s proposed ANDA drug does not infringe MedCo patents

A claim term can be limited to an embodiment described in the specification, if the claim would otherwise be found invalid and the embodiment was not disclaimed. …

Federal Circuit Affirms Patent Invalidity and District Court’s Denial of Post-Judgment Motions

The Federal Circuit heard the case on TVIIM, LLC v. McAfee, Inc. A unanimous panel of the Federal Circuit affirmed jury determinations of non-infringement and patent invalidity …

The Federal Circuit should never use Rule 36 if a patent claim is invalidated

What happens if a patent owner who suffered that Rule 36 summary loss to Google at the Federal Circuit were to decide to sue another party – perhaps Apple – …
By Gene Quinn & Peter Harter
2 months ago 8

CAFC sides with L.A. Biomedical Research over Eli Lilly in two IPRs challenging penile fibrosis patent

LAB sued Eli Lilly & Company, alleging marketing of the drug Cialis induced infringement of LAB’s patent. Eli Lilly subsequently requested that the Board conduct inter partes …

Federal Circuit Affirms Grant of Preliminary Injunction to Patent Owner

A preliminary injunction was appropriate when non-infringement depended on an erroneous claim construction; the evidence did not show the proposed combination of references for non-obviousness was enabled; …

Claim differentiation does not broaden claims beyond their meaning in light of the patent as a whole

Claim differentiation does not broaden claims beyond their meaning in light of the patent as a whole, and cannot override clear statements of claim scope found the …

In non-precedential decision, CAFC says prevailing party can challenge claim construction

what is particularly interesting about this case is that Smith, who had prevailed at the district court and was awarded about $322,500 in damages, thought he could not …
By John M. Rogitz
7 months ago 0

Federal Circuit Affirms District Court Judgment on All Grounds in LifeNet Health v. LifeCell

Lifenet’s patent is for plasticized soft tissue grafts used for transplantation in humans. The specification discloses that plasticizers can be removed before implantation, although they need …

Federal Circuit affirms Apple iPhone patent victory over GPNE

GPNE sued Apple for direct infringement of claims in two of GPNE’s patents. The patents at issue relate to a two-way paging system, where the paging …
By Gene Quinn & John M. Rogitz
8 months ago 0

Board Cannot Adopt New Claim Construction Without Giving Notice to the Parties

The Federal Circuit held that the Board’s changed claim construction of “data flow,” violated the Administrative Procedure Act (APA), even if it was correct. In particular, …

Court Affirms Claim Construction of ‘Alias’ was Limited by Specification to Mean Text

The Court agreed with Facebook in that these claim terms had no accepted meaning in the art, which meant that they cannot be construed broader than the …