Claim Construction

News & Analysis as of

Software Patents: History and Strategies (Pt. II – Strategies)

Last week we posted part one of this article, which focuses on the history of patent protection for software. Today we post part two, focused on current strategies for obtaining software patents....more

Claim Construction Ruling Issues In Coffee Brewing Technology Dispute

Robinson, J. Claim construction opinion regarding fifteen terms from three patents. The following terms were considered: - 1. “Brewing reservoir”...more

More Than a Pinky Promise: Recent Developments to the Promise Doctrine in Patent Law

Don’t want your patent invalidated? Then you should diligently vet any promissory language in that patent because, as the following cases illustrate, such language raises significant risks of patent invalidation on the basis...more

Impact of Nautilus on Biotech and Pharmaceutical Patents

In Nautilus, Inc. v. Biosig Instruments, Inc., 134 S. Ct. 2120 (2014), the Supreme Court rejected the Federal Circuit’s “insolubly ambiguous” standard for determining whether a patent claim meets the definiteness requirement...more

Claims Are Construed In A Computer Technology Case

Delaware Display Group, LLC, et al. v. Lenovo Group Ltd., et al., C.A. Nos. 13-2108 –RGA: C.A. No. 13-2019 – RGA; C.A. No. 13-2112- RGA, November 6, 2015. Andrews, J. Claim construction opinion issues regarding eight...more

Motions To Amend Judgments On Anticipation And Infringement Are Denied

During trial the orally court granted plaintiffs motion for judgment of partial findings on lack of anticipation and indefiniteness. It further ruled in favor of plaintiffs finding that “fesoterodine” includes the salt form...more

MacroPoint, LLC v. FourKites, Inc. (N.D. Ohio 2015)

In a previous article on the USPTO's publication of its 2014 Interim Guidance on Patent Subject Matter Eligibility, we wrote: Despite the Interim Guidance offering a reasonably fair and thorough overview of the current...more

Form Vs. Substance In Means-Plus-Function Analysis

Section 112(f) of the patent statute allows a patentee to define a structural claim element in terms of its function alone, i.e., “as a means ... for performing a specified function without the recital of structure ... in...more

Claims Are Construed In Pharmaceutical Case

Sleet, J. Claim construction opinion issues regarding one term from two patents. The following term was considered: - “treatment for HVC”...more

Claims Are Construed Relating To Cutting Adhesive Material

Sleet, J. Claim construction opinion issues regarding twenty-five terms from four patents. The disputed technology relates to cutting adhesive patches. The following terms were considered...more

Claims Are Construed In ANDA Case

Sleet, J. Claim construction opinion issues regarding two terms from one patent. The disputed technology relates to dexmedetomidine and its pharmaceutically acceptable salts. The following term was considered...more

Can’t Run Away from Your Expert’s Testimony: Board Says Testimony from Another Proceeding Admissible - Edmund Optics, Inc. v....

Addressing the admissibility of testimony from prior proceedings, the U. S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board) denied the petitioner’s motion to exclude the prior testimony of its own...more

Is Inter Partes Review Set for Supreme Court Review?

In re Cuozzo Speed Tech., LLC presented the Federal Circuit with its first opportunity to address important, open questions about how the Patent Trial and Appeal Board (PTAB) handles its relatively new Inter Partes Review...more

Structure and Connectivity in Patent Claims

Patent claims are commonly understood to define the structure of an invention, and claim limitations should delineate the connections and relationships among claim elements. Occasionally, claims are rejected during...more

Claims Are Construed In Pharma Case

Orexo AB, et al. v. Actavis Elizabeth LLC, C.A. No. 14-829 – LPS, October 6, 2015. Stark, C. J. Claim construction opinion issues regarding four terms from two patents. ...more

CLAIM CONSTRUCTION “GAMESMANSHIP”? Quantum Corporation’s Expert Ordered To Sit For Further Deposition On Claim Construction

Order Re Crossroads’ Motion To Strike, Quantum Corporation v. Crossroads Systems Inc., Case No. C 14-04293 WHA (Judge William Alsup) - Expert witnesses are often used during patent claim construction to offer extrinsic...more

Beware Reexamination Amendments

In R+L Carriers, Inc. v. Qualcomm, Inc., the Federal Circuit affirmed the district court’s dismissal of R+L’s infringement claims against Qualcomm, finding that the claims issued after reexamination were not “substantially...more

Enablement: Multiple Measurement Methods Can Lead to the Same Result - Ethicon Endo-Surgery, Inc. v. Covidien, Inc.

Addressing the issues of indefiniteness and non-infringement for both utility and design patents, the U.S. Court of Appeals for the Federal Circuit reversed and vacated in part the district court’s grant of summary judgment...more

September 2015: Appellate Update

Postscript to the U.S. Supreme Court’s October 2014 Term. The Supreme Court of the United States completed its October 2014 term in June, having decided a number of matters of wide public interest. Among the most notable was...more

Claims Not Limited to Preferred Embodiment - Inline Plastics Corp. v. Easypak, LLC

In correcting the district court’s claim construction, the U.S. Court of Appeals for the Federal Circuit vacated the district court’s judgment of non-infringement and remanded, finding that the claims were improperly limited...more

Federal Circuit: PTAB’s Claim Construction Standard Is BRI, but Sometimes with an Obligation - Power Integrations v. Lee

In a decision with potentially far-reaching impact, U.S. Court of Appeals for the Federal Circuit concluded that the Board of Patent Appeals and Interferences (Board) in arriving at a claim constructions, is obligated to...more

Intellectual Property Bulletin - Summer 2015

28 U.S.C. § 1782: A Powerful Tool in Global Disputes - As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based...more

Intellectual Property Newsletter - September/October 2015

PTAB Update on Inter Partes Review - On August 19, 2015, the Director of the USPTO released a blog post reporting on the state of post-grant review proceedings created by the Leahy-Smith America Invents Act of 2011 and...more

Court Invalidates Patent Claims After Refusing to Correct Alleged "Typos"

On September 10, 2015, Judge Rodney Gilstrap of the Eastern District of Texas invalidated as indefinite two patent claims for a remote tracking system, refusing to accept plaintiff's argument that any indefiniteness was the...more

Magistrate’s Recommendations On Validity And Noninfringement Are Adopted

Impulse Technology Ltd. v. Microsoft Corporation, et al., C.A. No 11-586 – RGA, September 22, 2015. Andrews, J. Magistrate’s Reports and Recommendations regarding denial of summary judgment of invalidity is adopted and...more

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