Claim Construction

News & Analysis as of

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

Prosecution History Disclaimer of Claim Scope Must Be “Clear and Unambiguous” in View of the Prosecution History as a Whole

Addressing the issue of prosecution history disclaimer, the US Court of Appeals for the Federal Circuit upheld the district court’s claim construction, finding that selected statements during prosecution did not constitute a...more

Parties’ Objections To Judge Burke’s Recommended Claim Constructions Are Overruled

Stark, C. J. Defendant’s objections to magistrate’s report and recommendation regarding claim construction are overruled and the magistrate’s report is adopted. Defendant objected to the recommendation that the terms...more

Claims are construed in code sequencing case

Robinson, J. Claim construction opinion issues regarding seventeen terms from five patents. A Markman hearing took place on October 6, 2016. The disputed technology relates to code sequencing in wireless communication...more

Motion to amend complaint is denied for lack of diligence

Stark, C. J. Plaintiffs’ motion for leave to amend the complaint following issuance of a certificate of correction in the PTO. The motion was filed on September 6, 2016 and briefing was completed on September 16. The...more

Federal Circuit Rejects Patentee’s Effort to Narrow Claim Scope

One wrinkle of IPR practice is that patentees are often in the position of advocating a narrower claim scope than the challenger — just the opposite of what is usually seen in district court litigation. The narrowing...more

You’ll Have To Be More Specific When Crafting That Generic Claim

Recent § 101 jurisprudence regarding tech inventions can be distilled down to two words: be specific. That’s a problem for patents in the tech space, because they are not specific at all, claiming inventions using broad...more

Claims Are Construed In An ANDA Case

Stark, C. J. Claim construction opinion issues regarding four terms from two patents. A Markman hearing took place on August 9, 2016. The disputed terms are related to controlled-release formulations of the drug...more

Claims are construed in computer networking case

Stark, C. J. Claim construction opinion issues regarding twenty-seven terms from four patents. A Markman hearing took place on August 29, 2016.The disputed technology relates to interactive computer networks and...more

Federal Circuit Review | October 2016

Withdrawal of Claims During Prosecution Can Trigger Prosecution History Estoppel In UCB, Inc. v. Yeda Research and Development Co., Ltd., Appeal No. 2015-1957, the Federal Circuit held that prosecution estoppel can apply even...more

Claim Construction Disputes Should Be Affirmatively and Formally Raised

Addressing the preservation of claim construction disputes for appeal and issues of divided infringement, the US Court of Appeals for the Federal Circuit affirmed the district court, explaining that O2 Micro only requires the...more

Request For Attorneys’ Fees Is Denied

The disputed technology relates to an apparatus for performing computer assisted microsurgery. The court previously found all asserted claims invalid for indefiniteness after a claim construction hearing. The parties...more

Massachusetts Institute of Technology v. Shire Pharmaceuticals, Inc. (Fed. Cir. 2016)

The Federal Circuit recently affirmed a district court's claim construction and determination that claim terms were not indefinite in Massachusetts Institute of Technology v. Shire Pharmaceuticals, Inc....more

Due Process in AIA Trials

In Cuozzo, the Supreme Court emphasized that it “do[es] not categorically preclude review of a final decision where a petition fails to give ‘sufficient notice’ such that there is a due process problem with the entire...more

BioPharma Patents Quick Tips & News – October 2016

October 2016 BioPharma Newsletter — Halloween Edition - U.S. patent eligibility can be scary! Tips to avoid the Grim Reaper (a.k.a. the Examiner or a Judge) killing your claims:  Bonus tip: This strategy works even...more

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