Posts Tagged: claim construction
Federal Circuit Affirms PTAB Finding that Immunex Antibody Patent is Obvious
The United States Court of Appeals for the Federal Circuit (CAFC) on Tuesday affirmed an invalidity decision of the U.S. Patent and Trademark Office’s Patent …
CAFC: Parties Joined in IPRs are Not Estopped from Raising New Invalidity Grounds in District Court
On September 24, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed-in-part and reversed-in-part the U.S. District Court for the Eastern District of Texas’…
Acer v. Intellisoft Petition Rebukes CAFC for Disrespecting SCOTUS Precedent, Ignoring District Court
Greenberg Traurig and The Rader Group – which is headed by retired Chief Judge of the U.S. Court of Appeals for the Federal Circuit, Randall Rader - …
Federal Circuit Vacates District Court Invalidity Judgment Based on Judicial Estoppel
On August 28, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the U.S. District Court for the District of Massachusetts’ claim construction in …
Federal Circuit Affirms District Court Claim Construction in Foundation Pile Patent Infringement Dispute
The United States Court of Appeal for the Federal Circuit recently upheld the Central District of California’s ruling of summary judgment that certain accused products of …
Federal Circuit Remands District Court Decision for Erroneous Claim Construction
On August 27, the United States Court of Appeals for the Federal Circuit (CAFC) reversed and remanded a decision of the U.S. District Court for the District …
VoIP-Pal Implores Full CAFC to Review Whether a Rule 12 Motion Based on Section 101 Can Be Decided Before Claim Construction
Last week, VoIP-Pal.com, Inc. filed a combined petition for panel rehearing and rehearing en banc with the U.S. Court of Appeals for the Federal Circuit (…
CAFC Partially Reverses PTAB on Claim Construction Analysis, Says Prosecution History Matters
The Federal Circuit on Friday reversed the Patent Trial and Appeal Board’s decision holding certain claims of Personalized Media Communications, LLC’s (PMC’s) U.S. …
On Claim Construction, Predictability, and Patent Law Consistency: The Federal Circuit Needs to Vote En Banc
The Federal Circuit needs to go en banc more often. That is the unmistakable lesson not just in light of the Supreme Court’s recent denials of …
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 …
