Posts Tagged: claim construction


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
4 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
5 months 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 …
By Micheal Binns & Karen Carroll
8 months ago 0

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 …
By Paul Vickers Storm
8 months ago 4

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 …
By Nancy Braman
9 months ago 3

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 …
By Kim Jordahl
9 months ago 12

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 …
By Nancy Braman
10 months ago 2

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 …
By Steve Brachmann
2 years ago 1

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 …
By Steve Brachmann
2 years ago 1

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 …
By Gene Quinn & Steve Brachmann
2 years ago 2

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 …
By Steve Brachmann
2 years ago 2

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 …
By Gene Quinn & Steve Brachmann
2 years ago 4