Claim Construction

News & Analysis as of

Life sciences patents: method claims – united they stand, divided do they fall?

Patent protection for methods claims can be tricky. Particularly for medical devices, diagnostics and even drugs, methods claims can present dilemmas for enforcement. It can boil down to the key question of "who" – who...more

Apotex’s Infringement of AstraZeneca’s Omeprazole Formulation Patent Upheld

The Federal Court of Appeal, in a unanimous decision released on January 12, 2017 (2017 FCA 9), has affirmed the validity of AstraZeneca’s Patent No. 1,292,693. The patent covered AstraZeneca’s successful product, LOSEC, for...more

Federal Circuit Reverses PTAB for Improper Claim Construction

Demonstrating again that the “broadest reasonable interpretation” standard has limits, the Federal Circuit reversed the Patent Trial and Appeal Board’s decision that claims of two patents were unpatentable due to anticipation...more

Enfish, Microsoft Receive Mixed Results on PTAB Rulings

Addressing issues of claim construction and obviousness, the US Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB’s or Board’s) constructions and invalidity rulings, clearing the way...more

Claim Terms Are Construed In Antifungal Drug Case

Stark, C. J. Claim construction opinion issues regarding seven terms from one patent. A Markman hearing took place on October 24, 2016. The disputed technology relates to pharmaceutical compositions for poorly soluble,...more

Claim Terms Are Construed In Medical Devices Case

Andrews, J. Claim construction opinion issues regarding two terms from one patent. A Markman hearing took place on November 17, 2016. The disputed technology relates to biometric belt connectors....more

District Court Rules That Claim Construction Requested For First Time During Trial Is Waived

During the trial, the plaintiff, Arthrex, requested that the district court construe the term "proximal end" in certain of the patent-in-suit, U.S. Patent No. 8,821,541 ("the '541 patent"). The district court determined that...more

Federal Circuit Dives into Specification to Determine Patent Eligibility

Addressing a district court’s determination that the claims of four patents were not directed to patent-eligible subject matter under 35 USC § 101, the US Court of Appeals for the Federal Circuit reversed, finding that the...more

Broadest Reasonable Interpretation Does Not Include Legally Incorrect Interpretation

In D’Agostino v. Mastercard International, Inc., [2016-1592, 2016-1593] (December 22, 2016), the Federal Circuit vacated the PTAB’s decision in two Inter Partes Reviews that the challenged claims in U.S. Patent Nos. 7,840,486...more

Unreasonable Claim Construction Causes PTAB Reversal

In a fairly case-specific claim construction analysis, the Federal Circuit reversed the PTAB recently in D’Agostino v. Mastercard, Int’l, 2016-1592, -1593 (Fed. Cir. Dec. 12, 2016), finding that the Board erred in determining...more

Objections To Magistrate’s Claim Construction Rulings Are Overruled

Stark, C.J. Objections to the magistrate’s rulings regarding claim construction are overruled. The magistrate issued a Report and Recommendation regarding claim construction on March 24, 2016....more

Specification as a Tool for Patent Eligibility Analysis

In a recent article, we discussed how courts have used patent specifications in finding that patents satisfy the Supreme Court’s Mayo/Alice test. However, the specification may be a double-edged sword. Language in the...more

Claims are construed in case relating to wideband signal distribution systems

Andrews, J. Claim construction opinion issues regarding six terms from three patents. A Markman hearing took place on November 15, 2016. The disputed technology relates to devices and methods for distributing signals...more

Defendant May Respond To New Evidence Relating To Claim Construction

Stark, C. J. Court declines to preclude untimely claim terms, but defendant may submit a response. The court previously denied plaintiff’s motion to amend the complaint to assert a Certificate of Correction due to the...more

Prosecution Disclaimer Has No Teeth

Statements made by patent practitioners to the patent office during patent prosecution can come back to bite you in related applications. Prosecution disclaimer allows a court to limit the literal scope of the claims in an...more

Terms Are Construed In Virtual Reality Case

Burke, M. J. Claim construction report and recommendation issued regarding two terms from one patent. A Markman hearing took place on August 31, 2016. The disputed technology relates to virtual reality technology....more

Disputed Terms Are Construed In Case Relating To Bed Rail Systems

Stark, C. J. Claim construction opinion issues regarding nine terms from three patents. A Markman hearing took place on October 7, 2016. The disputed technology relates to bed rail systems that can be used to prevent...more

Federal Circuit Review | November 2016

Fraud-Detection Patent Claimed Patent-Ineligible Subject Matter - In FairWarning IP, LLC v. Iatric Systems, Inc., Appeal No. 2015-1985, the Federal Circuit affirmed the district court’s holding that FairWarning’s patent...more

Claim Terms Are Construed In Erythropoietin Case

Andrews, J. Claim construction opinion issues regarding two terms from one patent. A Markman hearing took place on September 21, 2016. The disputed technology relates to pharmaceutical compositions containing isoforms...more

Claims are construed in ANDA case relating to crystalline modifications

Stark, J. Claim construction opinion issues regarding seven terms from four patents. A Markman hearing took place on October 19, 2016. The disputed technology relates to new crystalline modifications of hydrochloride...more

Terms are construed and summary judgment is denied in pharmaceutical case

The disputed technology relates to prodrugs used in prevention and treatment of Flaviviridae infections. The following terms were considered:The disputed technology relates to prodrugs used in prevention and treatment of...more

District Court Orders Additional Claim Construction Briefing After Plaintiff Appeared to Argue a Different Position in Other...

After the district court conducted a claim construction hearing (but before it issued an order), the district court stayed the litigation between Finjan and Symantec pending a decision by the PTAB regarding whether to...more

A Compelling Invention Story May Support Patent-Eligibility

The Mayo/Alice two-step patent-eligibility framework focuses on the patent claims. Nevertheless, recent Federal Circuit decisions have relied on patent specification statements to support holdings that the claims are...more

Disavowal of Claim Scope in a Trash Bag Patent

The US Court of Appeals for the Federal Circuit affirmed a district court’s narrow claim construction, finding that the specification and prosecution history of the patent-at-issue contained clear and unequivocal statements...more

Determining Patent Eligibility Pre-Claim Construction May Be Premature

For the third time in two months, the Federal Circuit took on patent subject-matter eligibility in Amdocs (ISRAEL) Ltd. v. Openet Telecom, Inc. In a divided opinion, the Federal Circuit reversed the district court and held...more

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