Claim Construction

News & Analysis as of

Shire Development, LLC v. Watson Pharmaceuticals, Inc. (Fed. Cir. 2014)

Claim construction in patent cases, and the propensity for the Federal Circuit to disagree with a district court's conclusions regarding the scope and meaning of claim terms, remains one of the most vexing aspects of patent...more

Intellectual Property in the Gutter: Claims Construed in Sewer Line Resin Lining Patent Dispute

Sumner C. Rosenberg issued a Special Master’s Report and Recommendation construing terms at issue in three patents -- U.S. Patent Nos. 5,927,341 ("the ‘341 patent"), 6,337,114 ("the ‘114 patent"), and 6,899,832 ("the ‘832...more

Supreme Court Agrees to Take Case Assessing Scope of Review for Claim Construction

The Supreme Court on Monday, March 31, 2014, granted certiorari in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., Case 13-854 (Mar. 31, 2014), a case that has the potential to overturn years of precedent leading back to the...more

Potter Voice v. Microsoft: Microsoft's Request to Exclude Expert Declaration for Claim Construction Denied Where Microsoft's...

In this patent infringement action, Potter Voice submitted an expert declaration of David Klausner for the purpose of claim construction. Microsoft moved to exclude the declaration under Fed.R.Evid. 702....more

Federal Circuit Review - March 2014

Claim Construction Review is De Novo - In Lighting Ballast Control LLC v. Philips Electronics North America Corp., Appeal No. 12-1014, the Federal Circuit sitting en banc reinstated the previous panel decision and...more

The Explicit Definition of a Claim Term Is Not Limiting Where It Excludes a Preferred Embodiment - ButamaxTM Advanced Biofuels,...

Relying in part on evidence that a district court’s claim construction excluded a preferred embodiment, which was the subject of a dependent claim, the U.S. Court of Appeals for the Federal Circuit explained that the...more

Dictionary Definition Dispositive in Claim Construction Dispute - Starhome GmbH v. AT&T Mobility LLC

Addressing the use of technical dictionaries in claim construction, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment of non-infringement, finding that the district court properly...more

Narrower of Possible Claim Constructions Prevails - Takeda Pharmaceutical Co. Ltd. v. Zydus Pharma USA, Inc.

Addressing, among other things, where the upper limit of a claimed range lies for claim construction, the U.S. Court of Appeals for the Federal Circuit overturned a district court ruling that a claimed range included a margin...more

Claim Construction Looks at More than Prosecution History - Frans Nooren Afdichtingssytemen BV v. Stopaq Amcorr Inc.

Addressing a lower court’s ruling of non-infringement after claim construction, the U.S. Court of Appeals for the Federal Circuit vacated and remanded the non-infringement decision, finding that the lower court construed...more

Federal Circuit Reverses District Court on Claim Construction in Patent Suit Involving Google's Street View

On March 14, 2014, the U.S. Court of Appeals for the Federal Circuit ruled in a patent appeal case involving Google's Street View technology on a topic in patent law that has received considerable attention recently—claim...more

Federal Circuit Finds Easy Solution to Avodart Solvate Written Description Question

Are claims that recite a “solvate” of a chemical compound invalid for lack of written description if the patent does not describe any specific solvates? In GlaxoSmithKline LLC v. Banner Pharmacaps, Inc., the Federal Circuit...more

Federal Circuit Reaffirms De Novo Standard of Review for Claim Construction

In a long-awaited decision, the Federal Circuit ruled en banc to uphold the the de novo standard for appellate review of claim construction issues, which was previously established in another en banc decision, Cybor Corp. v....more

Split Federal Circuit Hews to De Novo Claim Construction Review

In a six-four en banc decision in Lighting Ballast Control LLC v. Philips Electronics North Am. Corp., a divided Federal Circuit confirmed its practice of de novo claim construction review. The main question arising from the...more

Claim Term “Adapted to” Means “Configured to” — Not Just “Capable of” - In re Giannelli

The U. S. Court of Appeals for the Federal Circuit reversed an obviousness rejection by the U.S. Patent and Trademark Office (PTO) Patent Trial and Appeal Board’s (the Board) of application claims directed to a row pulling...more

Not So Fast … New Claim Construction Required Contempt Proceeding - Proveris Scientific Corp. v. Innovasystems, Inc.

Applying the TiVo standard on finding of contempt when an infringer releases a new or modified product, the U.S. Court of Appeals for the Federal Circuit vacated the district court’s contempt order, concluding that a new...more

De Novo Review of District Court Claim Construction Is Here to Stay—For Now

The en banc Federal Circuit, in a 6–4 decision, invoked the doctrine of stare decisis and decided to retain the de novo standard for appellate review of district court claim constructions....more

Takeda Prevacid SoluTab Patent Valid, But Not Infringed

In Takeda Pharmaceutical Company Ltd. v. Zydus Pharmaceuticals USA, Inc., the Federal Circuit reversed the district court’s finding that Zydus’s proposed generic product infringed Takeda’s Prevacid® SoluTab™ patent, but...more

Intellectual Property Alert: The Federal Circuit Upholds Cybor’s Rule that Claim Construction Is Subject to De Novo Appellate...

Feb. 24, 2014 — On Friday, the Federal Circuit reaffirmed 6–4 in Lighting Ballast Control LLC v. Philips Electronics North America Corp., that its holding in Cybor Corp v. FAS Technologies is still good law. In short, patent...more

Don’t call your invention “the present invention”?

AstraZeneca AB v. Hanmi USA, Fed. Cir. Case No. 2013-1490 (nonprecedential) - A specification and a claim have distinct functions; a specification “describes” the invention and a claim “defines” the invention. One of...more

Federal Circuit: We Were Right the First Time, Claim Construction is Reviewed De Novo on Appeal

In Lighting Ballast Control LLC, v. Philips Electronics North America Corporation, [2012-1014] (February 21, 2014), the Federal Circuit en banc held that claim construction is a matter of law that is subject to de novo review...more

Federal Circuit Holds That Issues Of Claim Construction Must Be Reviewed Without Deference On Appeal, Without Regard To Legal Or...

Since 1998, when the Federal Circuit issued its en banc opinion in Cybor Corp. v. FAS Technologies, Inc., claim construction issues have been subject to de novo review on appeal. Under this standard of review, no formal...more

US Supreme Court to Review Indefiniteness Standard under Section 112 of the Patent Act

On January 10, 2014, the Supreme Court agreed to review the Federal Circuit's standard for determining whether a patent claim is indefinite in Nautilus, Inc. v. Biosig Instruments, Inc. (S. Ct. No. 2013-0369), a case that...more

“Inherency Requires More Than Probabilities” - Motorola Mobility, LLC v. Int’l Trade Comm’n

Addressing whether an essential claim limitation is inherently present in a prior art reference for purposes of an anticipation analysis, the U.S. Court of Appeals for the Federal Circuit affirmed a ruling out of the U.S....more

Second Inter Partes Review Final Written Decision – Second Patent Goes Down

In a case most notable for a decision restricting a patent owner’s ability to amend claims in inter partes review proceedings, the Board issued its second ever Final Written Decision, rendering all claims at issue in the IPR...more

Developments in Patent Law 2013; The D.C. Bar Year in Review

In this article: - Patentability, Validity, and Procurement of Patents - Interpretation and Infringement of Patents - Enforcement of Patents - Patents at the U.S. Supreme Court - Excerpt...more

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