Posts Tagged: patent claims


In precedential decision, Federal Circuit further clarifies what constitutes a covered business method patent for CBM review

When applying that definition to the present case, the majority opinion rejected as too limiting Secure Axcess’s proposal that CBM review should be limited to “products …
By John M. Rogitz
25 days ago 1

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; …

Requisites of a Patent Application: Claims and drawings technically not required on filing date

For as long as I can remember, in order for a nonprovisional utility patent application to be awarded the all important filing date you had to file …
By Gene Quinn
1 month ago 10

Federal Circuit affirms PTAB decision to invalidate MPHJ patent

The Federal Circuit upheld the decision of the Patent Trial and Appeal Board (“Board”), on Inter Partes Review, to invalidate as anticipated or obvious all claims of …

Patent Strategy: Advanced Patent Claim Drafting for Inventors

Today we pick up our series with discussion of some advanced patent claim drafting strategies for inventors and others new to the art of claim drafting. Sometimes …
By Gene Quinn
2 months ago 3

Special Report: The Santa Transport Patent

The solution to this intractable puzzle was provided by Santa in the Patent, which describes a grid of enormous, land-based wind turbines running back and forth between …
By Howard Zaharoff
3 months ago 7

An Examiner’s Tips For Speedier Patent Prosecution

Interactions between patent examiners and patent practitioners are often tense. At worst, these interactions can be an exercise in restraint with both parties thinly veiling their disdain …
By Lauren Anderson & Ryan Cagle
3 months ago 33

Patent Drafting for Beginners: The anatomy of a patent claim

First, every patent claim needs a preamble, which is the introductory phrase in a claim... Second, every patent claim needs a transition. The most common transitions are: “…
By Gene Quinn
4 months ago 21

Comparing and Contrasting European 2-part claims with US Jepson claims

European practice requires a strict distribution of the features before and after "characterizing", where those prior art features that are common with the definition of the invention …
By Brian Cronin
4 months ago 1

EON Corp. petitions Supreme Court for review of Federal Circuit’s expansive view of Rule 50 power

In EON Corp. IP Holdings LLC v. Silver Spring Networks, Inc., No. 15-1237, 815 F.3d 1314 (Fed. Cir. 2016), the Federal Circuit reversed a jury verdict and ordered judgment …
By Matthew Murrell
5 months ago 7

Patent Drafting for Beginners: A prelude to patent claim drafting

The art of patent claim drafting is an undeniably difficult art to master. It is, however, essential for those in the patent space to both appreciate, understand …
By Gene Quinn
5 months ago 8

IPR Evidence and Trial Impact for Practitioners

For accused infringers relying on invalidity defenses that were presented in an inter partes review (“IPR”) to fight willful infringement allegations in district court, the shift in …

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 Provides Additional Insight on §101 Protections for Software Patents

In a September 13, 2016 decision relating to subject matter eligibility of software patents under 35 U.S.C. § 101, the Federal Circuit vacated the district court’s order granting Defendants’ …

Federal Circuit Revisits Scope of Markush Group Claim Elements, Vacates Summary Judgment on Erroneous Construction

However, in spite of the Court’s determination that the Markush group was closed, the Court agreed with Multilayer that the use of the transitional phrase “consisting …