Posts Tagged: claim construction
Recent USPTO Update Provides Blueprint for PTAB Patent Challenge Process
Since the passing of the America Invents Act (AIA) and the implementation of the inter partes review (IPR) process, IPR has become a popular and important avenue …
Congress Includes an Ugly Sweater in the STRONGER Patents Act
It is not unusual for there to be unintended consequences in the law or life. A loved one gives you something you don’t really like, but …
Professors Expand Upon Proposals to Senate IP Subcommittee for Improving Patent Quality
On October 30, the Senate Judiciary Committee’s Subcommittee on Intellectual Property heard from five witnesses on ways to improve patent quality at the United States Patent and …
Recent PTAB Decisions Provide a Roadmap for Combating Broadest “Unreasonable” Interpretation
As I have previously reported on KSJ Law, the Patent Trial and Appeal Board (PTAB) issued 80 decisions on appeals in October, and reversed the examiner in 24 of …
Federal Circuit Decision Delays Generic Osteoarthritis Drug
On October 9, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a decision in HZNP Medicines LLC v. Actavis Laboratories UT, Inc. affirming the …
CAFC: Claim Construction That Misreads Plain Language of Claims and Specification Is Clearly Erroneous
The Federal Circuit recently vacated a district court decision which found a patent for the antipsychotic drug “Saphris,” belonging to Forest Laboratories (Forest), valid as nonobvious, but …
Federal Circuit Corrects District Court’s Claim Construction
The United Stated Court of Appeals for the Federal Circuit recently held that a district court erred in its claim construction and vacated the district court’s …
Canada Patent Law Changes Are Bad News for Patent Owners
The effects of changes made to Canada’s patent law at the end of 2018 won’t be fully clear for some time, but Canadian patent owners and …
Federal Circuit Says Erroneous Claim Construction Led PTAB to Uphold Claims as Valid
On Thursday, December 20th, the Court of Appeals for the Federal Circuit issued a nonprecedential decision in Vivint, Inc. v. Alarm.com, Inc. which affirmed aspects of …
CAFC Affirms PTAB Win for Patent Owner in Nonprecedential Decision, Chief Prost Dissents
The Federal Circuit recently issued a nonprecedential opinion in Amazon.com, Inc. v. ZitoVault, LLC, affirming a decision by the Patent Trial and Appeal Board (PTAB) that …
CAFC finds nexus between minimally invasive surgical patent and commercialized procedure
On Friday, November 9th, the Court of Appeals for the Federal Circuit issued a nonprecedential decision in NuVasive, Inc. v. Iancu, which vacated certain findings of the …
Harmonizing the PTAB: Iancu calls change to Phillips ‘critically important’
"It seems self-evident that the same patent contested in different tribunals should have its meaning – its boundaries – determined using the same standard," Director Iancu said when discussing …
CAFC vacates Summary Judgment entered against Intellectual Ventures
On Tuesday, September 4th, the Court of Appeals for the Federal Circuit issued a precedential decision in Intellectual Ventures I LLC v. T-Mobile USA, Inc., et. al., …
Federal Circuit Vacates PTAB Decision for Failure to Consider Ericsson Reply Brief
In its decision, the Federal Circuit noted that the PTAB is entitled to strike arguments improperly raised in a reply brief under 37 CFR § 42.23(b). However, the appellate …
NYIPLA Endorses Patent Office Change to Phillips Claim Construction Standard
The proposed rule would adopt the narrower standard articulated by the Federal Circuit in Phillips v. AWH Corp., where the “words of a claim are generally given …
