Posts Tagged: claim interpretation


Federal Circuit reverses Board on erroneous application of the broadest reasonable interpretation

The Federal Circuit concluded that the Board's construction of the term 'body' was unreasonably broad even given proper usage of the broadest reasonable interpretation claim standard... This …
By Gene Quinn
3 months ago 8

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
9 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 …

A STEPP In the Right Direction: A review of the PTO Stakeholder Training on Examination and Practice and Procedure (STEPP)

Hands on exercises were part of the program. In reading and understanding a patent application, materials were provided how examiners learn to break down an application in …

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In non-precedential decision, CAFC says prevailing party can challenge claim construction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
1 year ago 0

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
1 year ago 0

Patent’s Non-Standard Use of “Fractionation” Limits Scope of the Claims

The Court found that “fractionation” referred only to distillation-based techniques. The specification’s use of the term “fractionation” controlled even if the definition was idiosyncratic. By that …

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
2 years 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
2 years 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
2 years 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
2 years ago 12