Claim Construction

News & Analysis as of

Recent SCOTUS Decisions in Intellectual Property Cases

The U.S. Supreme Court heard a landmark number of intellectual property cases during its 2013-2014 term. Below is a summary of recent decisions issued in 2014....more

The PTAB Was Right the First Time

EMC Corp. v. PersonalWeb Technologies, LLC - In a final written decision in an inter partes review (IPR), the Patent Trial and Appeal Board (PTAB) determined that under the broadest reasonable interpretation claim...more

More Details, Details

Integrated Global Concepts, Inc. v. J2 Global, Inc., IPR2014-01027, Paper 4 (July 7, 2014), the Board granted the petition a filing date, but required the petition to fix the claim charts, which may not “include arguments,...more

Claim Construction: When Figures Do Not Match Their Description

GE Lighting Solutions, LLC v. Agilight, Inc. - Addressing the issue of claim construction in light of an appeal of summary judgment, the U.S. Court of Appeals for the Federal Circuit reversed and remanded a district...more

Court Denies Motion to Compel Plaintiff's Expert Testimony Prior to Claim Construction

Plaintiff Glas-Weld Systems, Inc., filed a patent infringement and unfair competition action against defendants Michael P. Boyle, dba Surface Dynamix, and Christopher Boyle. Plaintiff moved for partial summary judgment and to...more

Lessons from Nautilus v. Biosig at the Supreme Court  [Video]

David K.S. Cornwell, director at the intellectual property law firm Sterne, Kessler, Goldstein & Fox, P.L.L.C., discusses the recent U.S. Supreme Court decision in Nautilus, Inc. v. Biosig Instruments, Inc. He examines the...more

Rebalancing Indefiniteness: Nautilus v. Biosig

In a highly anticipated decision, the Supreme Court has rejected the Federal Circuit’s standard for indefiniteness – that a claim is indefinite only when it is not amenable to a construction or “insolubly ambiguous” – and...more

IP Buzz - June 2014

In this issue: - Patent Reform: It's Alive! - Nautilus: New Test, Same Application? - Supreme Court Opens Door to Food and Beverage Label Challenges Under Lanham Act - Alice Corp. v. CLS Bank:...more

Supreme Court Corner - Q2 2014

Octane Fitness, LLC v. Icon Health & Fitness, Inc. - Patent: Decided: April 29, 2014 - Holding: A patent case is “exceptional” under 35 U.S.C. § 285 when it “stands out from others with respect to the...more

Expert Declaration Not Allowed as Supplemental Information Related to Claim Constructions

Unhappy with the Board’s claim constructions, Patent Challenger in Rackspace US, Inc. and Rackspace Hosting, Inc. v. PersonalWeb Technologies, LLC and Level 3 Communications, (IPR2014-00057, IPR2014-00058, and IPR2014-00062)...more

Claim Term of Expired Patent Given non-BRI Construction

An interesting argument relative to the construction of claim terms in an inter partes review proceeding has been percolating in recent months. Namely – what claim construction should be applied when a patent subject to...more

BRI = Ordinary Meaning, II

In Square, Inc. v. J. Carl Cooper, IPR2014-00157, Paper 17 (June 23, 2014), the Board concluded that in view of the patent expiration, the claims can no longer be amended, and thus they should be constructed according to...more

Federal Circuit Review | June 2014

District Court Improperly Limited Claim To Preferred Embodiment - In GE LIGHTING SOLUTIONS, LLC v. AGILIGHT, INC., Appeal No. 13-1267, the Federal Circuit reversed in part and affirmed in part summary judgments of...more

Triton Tech of Texas, LLC v. Nintendo of America, Inc. (Fed. Cir. 2014)

A very experienced patent attorney once told me that you should never write means-plus-function claims unless there is a Luger at your temple. This, the first opinion addressing indefiniteness to come from the Federal...more

PTAB Denies Late Attempt to Alter the Applicable Claim Construction Standard in an IPR

A recent decision from the Patent Trial and Appeal Board (the “Board”) highlights the different claim construction standards that are ordinarily applicable in post-grant review proceedings and in district court, and...more

Judge Forest Approves a Half-day Markman Hearing For 5–Patent Case

JobDiva, Inc. v. Monster Worldwide, Inc. Case Number: 1:13-cv-08229-KBF (Dkt.37) - The court accepted the parties’ proposal to have a half-day Markman hearing for a case entailing five patents....more

Further Guidance on Indefiniteness Following the Supreme Court's Nautilus, Inc. v. Biosig Instruments, Inc. Decision

The Supreme Court's decision in Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369 (2014) appeared to raise the bar for patent clarity. However, the true effects of the decision will not be seen for some time, if ever. In...more

Braintree Laboratories, Inc. v. Novel Laboratories, Inc. (Fed. Cir. 2014) - Whither the Meaning of "a" as a Claim Term

Every once in a while a Federal Circuit panel construes a common claim term contrary to how it has been construed in prior precedent, usually based on the particular situation or circumstance the Court is addressing and...more

Potential Inventor Declarations Excluded for Claim Construction Where Specific Inventors and Their Proposed Testimony Were Not...

In this patent infringement action, a dispute arose over whether the defendant B/E Aerospace could rely on declarations from one or more of the inventors of the asserted patent in support of its claim construction position....more

FlatWorld v. Apple: Motion to Vacate Claim Construction Denied Even after Parties Reach Settlement

After the district court issued a Markman ruling, the parties informed the court that they had reached an agreement in principle to settle the action. The plaintiff, FlatWorld, then moved to vacate the claim construction...more

Patent Law Alert: U.S. Supreme Court Makes It Easier to Knock out Vague Patents

Recently, the U.S. Supreme Court clarified the standard by which companies may seek to invalidate a patent for being overly vague, reversing a decision of the Federal Circuit regarding the definiteness standard of Section 112...more

U.S. Supreme Court Issues Two Significant Patent Rulings

Ruling unanimously twice in one day, the Supreme Court of the United States has issued two significant patent decisions that will significantly impact patent litigation in the future. ...more

Supreme Court Delivers Unanimous Decisions in Two Important Patent Cases: What Do This Week’s Limelight and Nautilus Decisions...

Earlier this week, the United States Supreme Court delivered unanimous opinions in two separate cases addressing questions of patent law, Limelight Networks v. Akamai Technologies (on induced infringement) and Nautilus v....more

Supreme Court Issues Significant Decisions in the Limelight Networks and Nautilus Cases Unanimously Overturning the Federal...

The Supreme Court recently issued two unanimous decisions concerning the standards governing claims for induced infringement and indefiniteness. A summary of the decisions follows. Limelight Networks, Inc. v. Akamai...more

IP Newsflash - June 2014

Federal Circuit Upholds Award of Sanctions for a “Frivolous” Patent Lawsuit - On June 5, 2014, the Federal Circuit affirmed the Southern District of New York’s decision to sanction Appellant and its attorneys for...more

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