Posts Tagged: claim construction


CAFC Corrects District Court Claim Construction, Doctrine of Equivalents Analysis in Diaper Genie Infringement Case

On March 9, the U.S. Court of Appeals for the Federal Circuit (CAFC) vacated and reversed the U.S. District Court for the Central District of California’…
By Nancy Braman
1 month ago 0

CAFC Partially Vacates PTAB for Legal Error in ‘Reasonable Expectation of Success’ Analysis

On January 27, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed in-part and vacated in-part a decision of the Patent Trial and Appeal Board (…
By La'Cee Conley
3 months ago 22

PTAB Will Use Nautilus Approach to Indefiniteness for Post-Grant Proceedings

Last week, the United States Patent and Trademark Office (USPTO) issued binding indefiniteness guidance in a memorandum from Director Andrei Iancu that addresses confusion about which indefiniteness …
By La'Cee Conley
3 months ago 8

Federal Circuit Reverses Holding of Infringement Based on Faulty Claim Construction

On January 5, the United States Court of Appeals for the Federal Circuit (CAFC) reversed a decision of the U.S. District Court for the Southern District of …
By Rebecca Tapscott
3 months ago 0

Federal Circuit Affirms PTAB Interference Decision Based on Claim Construction; Newman Dissents

On November 4, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the U.S. Patent and Trademark Office’s Patent Trial …
By Rebecca Tapscott
5 months ago 1

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 …
By Rebecca Tapscott
6 months ago 0

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’…
By IPWatchdog
7 months ago 0

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 …
By IPWatchdog
7 months ago 0

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 …
By Brandon Reed & Dustin Weeks
8 months ago 4

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 …
By Rebecca Tapscott
8 months ago 0

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 (…
By IPWatchdog
12 months ago 5

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. …
By Eileen McDermott
1 year ago 0

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 …