Posts Tagged: claim construction
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On Thursday, December 20th, the Court of Appeals for the Federal Circuit issued a nonprecedential decision in Vivint, Inc. v. Alarm.com, Inc. which affirmed aspects of …
CAFC Affirms PTAB Win for Patent Owner in Nonprecedential Decision, Chief Prost Dissents
The Federal Circuit recently issued a nonprecedential opinion in Amazon.com, Inc. v. ZitoVault, LLC, affirming a decision by the Patent Trial and Appeal Board (PTAB) that …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On Friday, November 9th, the Court of Appeals for the Federal Circuit issued a nonprecedential decision in NuVasive, Inc. v. Iancu, which vacated certain findings of the …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 …
By
Frank DeLucia
& Joseph Dubis
& Charles R. Macedo
& Chandler Sturm
& Peter Thurlow
12 months ago 1
12 months ago 1
Congresswoman Lofgren Sends Letter to USPTO Director Iancu Opposing Proposed Changes to Claim Construction Rule at PTAB
Congresswoman Lofgren is now opposing a rule change she previously endorsed as an original co-sponsor of a bill that would have changed the claim construction rule in …
The Broadest Reasonable Claim Interpretation Cannot Exceed the Specification
TF3’s patent-in-suit is for a “hair styling device” that automated the curling of hair. TF3 appealed the decision of the Board in an IPR requested by …
CAFC says District Court Erred in Claim Construction in Blackbird Patent Case
On Monday, July 16th, the Court of Appeals for the Federal Circuit issued a precedential decision in Blackbird Tech v. ELB Electronics, which vacated an earlier judgment …
Federal Circuit Reverses District Court’s Invalidation of Patents Asserted Against Apple
On appeal to the Federal Circuit, Zeroclick argued that the district court erred in construing those two terms as means-plus-function limitations, an argument with which the Federal …
Lofgren Supported Eliminating BRI Before She Was Against It
Congresswoman Lofgren seems quick to forget that she was one of the original co-sponsors of the Innovation Act when it was introduced into the House back in …
