Claim Construction

News & Analysis as of

PTAB Denies Amgen’s IPR in Win for AbbVie – Article “Suggests a High Degree of Unpredictability” in the Art at Time of Invention

The Patent Trial and Appeal Board recently denied institution of Amgen’s inter partes review against an AbbVie patent covering HUMIRA® (currently, the best-selling drug in the world). ...more

Claim Terms Are Considered In Computer Technology Case

EMC Corporation, et al. v. Pure Storage, Inc., C.A. No. 13-1985 - RGA, February 2, 2016. Andrews, J. Claim construction opinion issues regarding four terms from three patents. A Markman hearing took place on January...more

IP Newsflash - February 2016

FEDERAL CIRCUIT CASES - Federal Circuit Strikes Down Award of Attorneys’ Fees - In a decision that rejects a recent trend of district courts’ willingness to award attorneys’ fees since the Supreme Court’s 2014...more

Bad Timing? Judge Defers § 101 Issue Until After Claim Construction

Order Denying Motion for Judgment on the Pleadings, Cave Consulting Group, Inc. v. Truven Health Analytics Inc., Case No. 15-cv-02177-SI (Judge Susan Illston) - It has been just over a year since Judge Illston last...more

2015 IP Law Year In Review

Commil USA, LLC v. Cisco Systems, Inc., 135 S. Ct. 1920 (May 26, 2015) - ..Does a defendant’s belief that a patent is invalid serve as a defense to charges of inducing infringement? NO - ..Inducement requires...more

Cuozzo Expanded to CBMs to Bar Appellate Review of Institution Decisions - SightSound Tech., LLC v. Apple Inc.

Addressing the bar on appellate reviewability of the Patent Trial and Appeal Board’s (PTAB or Board) decisions, the U.S. Court of Appeals for the Federal Circuit concluded that § 324(e) bars review of the Board’s decision to...more

Claims Are Construed In Communications Technology Case

TQ Beta LLC v. Dish Network Corporation., et al., C.A. No. 14-848 – LPS-CJB, January 28, 2016 - Stark, C. J. Claim construction opinion issues regarding six terms from one patent. A Markman hearing took place on...more

The Federal Circuit Trend to Strengthen the Standard for Definiteness

In Dow Chemical Co. v. Nova Chemicals Corp., 803 F.3d 620 (Fed. Cir. 2015), the Federal Circuit directly acknowledged that the Supreme Court’s recent ruling in Nautilus, Inc. v. Biosig Instruments, Inc., 134 S. Ct. 2120...more

Claims Strategies in Patent Applications – Matching or Varied?

Up to 20 claims, including three independent claims, are paid for in the standard filing fee for a US non-provisional patent application. Some clients prefer matching claims in the claim set, others prefer varied claims. ...more

Claims Are Construed In Pharma Case

Forest Laboratories LLC, et al. v. Sigmapharm Laboratories LLC, et al., C.A. No. 14-1119 – SLR-SRF, January 29, 2016. Robinson, J. Claim construction opinion issues regarding six terms from three patents. The...more

Intellectual Property 2015 Year In Review

Introduction - As discussed in greater detail below, there were a number of notable developments in intellectual property law in 2015. Patent eligibility challenges to the validity of software, business methods, and...more

District Court Declines to Stay Action Pending Inter Partes Review ("IPR") Where Claim Construction Briefing Had Already Occurred

After the PTAB granted Defendant's petition for IPR on certain of the claims in the patent-in-suit, the defendant filed a motion to stay the action pending the resolution of the IPR. The plaintiffs objected to a stay, but...more

As Urged by PhRMA and BIO, Supreme Court Agrees to Review Claim Construction Standard Used in Patent Office Trials

Pharmaceutical companies have reason to be pleased with the Supreme Court’s recent decision to grant a petition for a writ of certiorari in Cuozzo Speed Technologies, LLC v. Michelle K. Lee, Under Secretary of Commerce for...more

Voxaton LLC v. Alpine Electronics of America, Inc. (E.D. Tex. 2016)

Voxathon sued Alpine, and a number of defendants that manufacture automobiles, for infringement of U.S. Patent No. 6,442,261.  According to the Court, the patent "relates to computer-implemented systems and methods for...more

IP Newsflash - January 2016 #2

SUPREME COURT CASES - U.S. Supreme Court Will Review PTAB’s Claim Construction Standard - The U.S. Supreme Court has decided to review the claim construction standard used by the Patent Trial and Appeal Board (PTAB)...more

Claims Are Construed In Computer Technology Case

Yodlee, Inc. v. Plaid Technologies, Inc., C.A. No. 14-1445-LPS, January 15, 2016. Stark, C.J. Claim construction opinion issues regarding nineteen terms from seven patents. A Markman hearing took place on November 17,...more

Supreme Court to consider proper claim construction standard and reviewability of institution decisions in PTAB trials

The United States Supreme Court has granted review in a case (Cuozzo Speed Technologies LLC v. Lee, Appeal No. 15-446) to consider two issues relating to patentability trials conducted by the Patent Trials and Appeals Board...more

Supreme Court to Review Two Key IPR Issues

On January 16, 2016, the Supreme Court granted certiorari on Cuozzo Speed Technology’s petition to review In re Cuozzo Speed Tech., 793 F.3d 1268 (Fed. Cir. 2015). Cuozzo presented two questions, and the Court has accepted...more

The “Smart Phone” Wars – Episode VII: Will the Force of the Supreme Court Awaken?

Design patents protect the ornamental features of utilitarian objects, that is, the uniqueness of aesthetic features, form, or configuration of products. Design patents can be a significant weapon in the intellectual...more

U.S. Supreme Court Accepts Appeal of First Inter Partes Review Decision: Could Mark a Significant Turning Point in Claim...

The Appeal by Cuozzo Speed Technologies - The U.S. Supreme Court accepted its first appeal from the Federal Circuit involving an inter partes review (IPR) styled Cuozzo Speed v. Lee, which is also the first time the...more

Supreme Court Accepts 1st IPR Appeal: Cuozzo Could Mark Turning Point for Patent Owners

On January 15, 2016, the Supreme Court granted certiorari in Cuozzo Speed v. Lee, which represents the first time the high Court will address an AIA proceeding, in this case an IPR decision. Based on the questions presented...more

Cuozzo Speed Technologies, LLC v. Lee

The Supreme Court on Friday granted certiorari to review the Federal Circuit's decision that the U.S. Patent and Trademark's Patent Trial and Appeal Board was entitled to perform claim construction in inter partes review...more

IP Newsflash - January 2016

SUPREME AND FEDERAL COURT CASES - U.S. Supreme Court Denies Writ to Overturn Application of the Kessler Doctrine - The U.S. Supreme Court denied software developer’s SpeedTrack writ to overturn the Federal...more

District Court Declines to Delay Transfer of Case Pending Ruling on Claim Construction

The plaintiffs, Chrimar Systems, Inc. and Chrimar Holding Company, LLC ("Chrimar"), filed a motion to reconsider the district court's order granting Ruckus Wireless, Inc.'s ("Ruckus") motion to transfer venue to the Northern...more

Claims Are Construed In Composite Materials Case

E.I. du Pont de Nemours and Company v. Unifrax I, LLC, C.A. No. 14-1250 – RGA, January 13, 2016 - Andrews, J. Claim construction opinion issues regarding seven terms from one patent. A Markman hearing took place on...more

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