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PTAB Should Analyze Patentability Even if Claims Are Indefinite

INTEL CORPORATION v. QUALCOMM INCORPORATED - Before Prost, Taranto, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: Indefinite claims do not preclude patentability analysis at the PTAB....more

A Generic Motivation Is Still a Motivation

INTEL CORPORATION v. QUALCOMM INCORPORATED - Before Prost, Taranto, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: A “generic” motivation to combine that has broad appeal or applicability is not...more

Finding No Unambiguous Definition in Record, Federal Circuit Applies Plain Meaning to Disputed PTAB Construction

BRADIUM TECHNOLOGIES LLC V. ANDREI IANCU - Before Moore, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: A clear and unambiguous definition of a claim term is required to redefine the term to...more

Forest Laboratories, LLC v. Sigmapharm Laboratories

Federal Circuit Summary - Before Prost, Dyk, and Moore. Appeal from District of Delaware. Summary: A district court’s construction of a claim term that is contrary to the plain language of the claims and usage of the...more

Intellectual Ventures I LLC v. T-Mobile USA, Inc.

Federal Circuit Summary - Before Prost, Moore, and Reyna. Appeal from the District of Delaware. Summary: Plain language claim construction will not be narrowed based on the prosecution history unless the patentee...more

Aatrix Software, Inc. v. Green Shades Software, Inc. And Berkheimer v. HP Inc.

Federal Circuit Summaries - Before Prost, Newman, Lourie, Dyk, Moore, O’Malley, Reyna, Wallach, Taranto, Chen, Hughes, and Stoll. On petition for rehearing en banc. Summary: Under step two of the Alice framework,...more

Changes to PTAB Practice Proposed by STRONGER Patents Act of 2017

The STRONGER (Support Technology & Research for Our Nation’s Growth and Economic Resilience) Patents Act of 2017 was recently introduced in the Senate by a bipartisan group led by Senator Chris Coons (D-Del.) and co-sponsored...more

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