John Low

John Low

McDermott Will & Emery

Contact  |  View Bio  |  RSS

Latest Posts › Claim Construction


Claim Terms with No Specialized Meaning in the Art Always Linked to Specification

Emphasizing the public-notice function of a patent’s specification, the US Court of Appeals for the Federal Circuit affirmed a district court’s construction of four patent claim terms based entirely on intrinsic evidence....more

7/28/2016 - Appeals Claim Construction Evidence Patent Litigation Patent Ownership Patents

Intrinsic Feature in All Described Embodiments Makes Claim Insurmountable **WEB ONLY**

Addressing issues of claim construction, the US Court of Appeals for the Federal Circuit affirmed a district court, finding that that no reasonable juror could find infringement where none of the accused products contained...more

7/1/2016 - Appeals Claim Construction Patent Infringement Patents Summary Judgment

“Plain and Ordinary Meaning” Must Be Tethered to Invention Described in Specification - Eon Corp. IP Holdings LLC v. Silver Spring...

Addressing claim construction issues, a divided panel of the US Court of Appeals for the Federal Circuit reversed a jury verdict of infringement, holding that the district court’s “plain and ordinary meaning” construction...more

3/30/2016 - Appeals Claim Construction Patent Infringement Patent Litigation Patents

Multiplying Claim Requirements After Trial Makes Things Impermissibly Complex (Wi-LAN, Inc. v. Apple, Inc.)

After a jury found non-infringement and invalidity of two asserted patent claims, the U.S. Court of Appeals for the Federal Circuit affirmed the district court’s denial of the patent owner’s judgment as a matter of law (JMOL)...more

2/29/2016 - Apple Claim Construction JMOL New Trial Patent Infringement Patent Invalidity Patents Wireless Technology

Filing Serial Lawsuits for Nuisance Settlements May Be “Exceptional” if Improper Intent Established - SFA Systems, LLC v. Newegg,...

In considering a district court’s denial of attorneys’ fees in view of the Supreme Court’s Octane Fitness standard for finding an “exceptional case” under 35 U.S.C. § 285 (IP Update Vol. 17, No. 5), the U.S. Court of Appeals...more

9/1/2015 - Abuse of Process Attorney's Fees Claim Construction De Novo Standard of Review Non-Practicing Entities Nuisance Octane Fitness v. ICON Patent Infringement Patent Litigation Patents SCOTUS

Appellate Review of Claim Construction Still De Novo if Based Solely on Intrinsic Evidence - Fenner Investments, Ltd. v. Cellco...

Two appeals following the Supreme Court’s modification of the standard of appellate review on claim construction in Teva Pharm. USA, Inc. v. Sandoz, Inc. (IP Update,Vol. 18, No. 1) indicate that it is largely business as...more

3/27/2015 - Appeals Claim Construction De Novo Standard of Review Garmin International Patent Infringement Patent Litigation Patents

IP Update, Vol. 16, No. 5, May 2013

Patent Exhaustion Rejected: Patented Seed Purchaser Has No Right to Make Copies: Bowman v. Monsanto Co. - In a narrow ruling that reaffirms the scope of patent protection over seeds, and possibly over other...more

5/31/2013 - Arbitration Bowman v Monsanto Claim Construction CLS Bank CLS Bank v Alice Corp Copyright FRAND Genetically Engineered Seed Infringement Monsanto Obviousness Patent Exhaustion Patents SCOTUS Standard Essential Patents Standing Trademarks

IP Update, Vol. 16, No. 4, April 2013

Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship - Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more

4/30/2013 - Affidavits Claim Construction Copyright Copyright Infringement Discovery DMCA Infringement Patents Prior Art Safe Harbors Trademarks USPTO

8 Results
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.