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Google Patents Claim Construction

Knobbe Martens

Federal Circuit Review | February 2024

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The Outcome of the PTAB’s Analysis May Determine Whether the PTAB Engaged in Claim Construction - In Google LLC v. Ecofactor, Inc., Appeal No. 22-1750, the Federal Circuit held that the outcome of the PTAB’s analysis of...more

Kilpatrick

PTAB Alert: Implicit Claim Construction and the Standard of Review

Kilpatrick on

Today, the Federal Circuit issued a precedential decision vacating and remanding a PTAB decision based on an erroneous implicit claim construction. Google v. EcoFactor, Case Nos. 2022-1750, 2022-1767 (Fed. Cir. Feb. 7, 2024)....more

Knobbe Martens

Federal Circuit Review - May 2022

Knobbe Martens on

Somebody’s Wrong:  PTAB Must Resolve Conflicting Factual Testimony During IPR - In Google LLC v. IPA Technologies Inc., Appeal No. 21-1179, the Federal Circuit held that, for purposes of determining whether a reference was...more

Knobbe Martens

A Preamble That Saves May Be a Preamble That Limits

Knobbe Martens on

DATA ENGINE TECHNOLOGIES LLC v. GOOGLE LLC. Before Reyna, Hughes, and Stoll. Appeal from the United States District Court for the District of Delaware. Summary: A patentee that relies on language in the preamble to...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - August 2021 #3

PersonalWeb Technologies LLC v. Google LLC, Appeal Nos. 2020-1543, -1553, -1554 (Fed. Cir. Aug. 12, 2021) In this week’s Case of the Week, the Federal Circuit affirmed a district court’s judgment on the pleadings that...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions: In re Google Tech. Holdings LLC, 980 F.3d 858...

Google applied for a patent on video-on-demand systems. The Patent Trial and Appeal Board affirmed the examiner’s rejection of the claims as obvious, stating that Google’s responses to the examiner’s rejections were...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2020 Decisions

[co-author: Kathleen Wills] Last year, the global COVID-19 pandemic created unprecedented challenges for American courts. By making several changes, however, the U.S. Court of Appeals for the Federal Circuit was able to...more

Manatt, Phelps & Phillips, LLP

Failure to Present Arguments Doomed Appeal

In In re: Google Technology Holdings LLC, the Federal Circuit held that Google forfeited its claim construction arguments made on appeal to the Patent Trial and Appeal Board (Board). The court explained that whether these...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Claim Construction Arguments in Appeal Forfeited if Not Raised Before the Board

In In re: Google Technology Holdings LLC, No. 2019-1828 (Fed. Cir. Nov. 13, 2020), the Federal Circuit elaborated on the policies underlying waiver and forfeiture of appellate arguments.  Ultimately, the court affirmed the...more

Knobbe Martens

Claim Construction Arguments Not Made to the PTAB Are Forfeited on Appeal

Knobbe Martens on

IN RE: GOOGLE TECHNOLOGY HOLDINGS LLC - Before Taranto, Chen, and Stoll. Appeal from the Patent Trial and Appeal Board. Summary: Claim construction arguments are forfeited if not raised before the PTAB. The PTAB...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2019 #2

PATENT CASE OF THE WEEK - Athena Diagnostics, Inc. v. Mayo Collaborative Services, LLC, Appeal No. 2017-2508 (Fed. Cir. Feb. 6, 2019) In an appeal from an order of the United States District Court for the District of...more

McDermott Will & Emery

Examiner’s Reason for Allowance May Be Sufficient to Show Prosecution Disclaimer

McDermott Will & Emery on

While affirming a Patent Trial and Appeal Board (PTAB) decision to invalidate a patent as obvious, the US Court of Appeals for the Federal Circuit found that the PTAB incorrectly concluded that an examiner’s statements in a...more

Jones Day

Internet Advertising Claims Deemed Not Eligible for Covered Business Method Patent Review

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In a decision dated February 27, 2017, the Board denied institution of Google Inc.’s petition for Covered Business Method Patent Review of claims 20, 21, 23–26, 28, and 29 of U.S. Patent No. 6,128,651 (“the ’651 patent”)...more

Proskauer - New England IP Blog

LED Dispute Blazes Through Summary Judgment

A recent decision from Judge Stearns sheds new light on a dispute between Lexington Luminance (“Lexington”) and Google over LED technology. The dispute began in November, 2012, when Lexington accused Google of infringing...more

Knobbe Martens

Federal Circuit Review | May 2016

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Federal Circuit Construes Claim Term in a Manner that Rendered Claim Language Superfluous - In SimpleAir, Inc. v. Sony Ericsson Mobile Commc’ns AB, Appeal No. 2015-1251, the Federal Circuit vacated the district court’s...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2015

Fenwick & West LLP on

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

Perkins Coie

Inter Partes Review Proceedings: A Third Anniversary Report

Perkins Coie on

When inter partes review (IPR) proceedings became effective in September 2012, few people would have predicted the transformative effect it would have on patents and the litigation landscape. Three years in, IPR has become...more

McDonnell Boehnen Hulbert & Berghoff LLP

Teva v. Sandoz -- Is Deferential Review a Boon for Patent Trolls?

On Wednesday, the Supreme Court will hear oral arguments in the Teva Pharmaceuticals USA, Inc. v. Sandoz Inc. case to determine whether appellate courts should afford any deference to a trial court's claim construction...more

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