Claim Construction

News & Analysis as of

A Combination Is Not Obvious If It Is Beyond the Level of Ordinary Skill in the Art, and Other Lessons - MobileMedia Ideas LLC v....

Addressing issues of obviousness and claim construction, the U.S. Court of Appeals for the Federal Circuit provided several important lessons in significantly modifying the district court judgment. MobileMedia Ideas LLC v....more

The “Totality of the Specification” Can Override a District Court’s Factual Findings - Enzo Biochem Inc. v. Applera Corp.

Giving little deference to the district court’s factual findings, the U.S. Court of Appeals for the Federal Circuit reversed a district court’s claim construction in a long-running dispute relating to a patent for labeled and...more

Federal Circuit Holds Biosig’s Patent Definite Under New Standard

Applying the Supreme Court’s new “reasonable certainty” standard for patent definiteness in Biosig Instruments, Inc. v. Nautilus, Inc. (2015) (Nautilus III), the Federal Circuit again held that Biosig’s patent for a heart...more

Claim Term Relating To Cellular Transceivers Is Construed

The disputed technology relates to a cellular transceiver configured to communicate with a cellular wireless network. With trial scheduled to begin April 27, 2015, at the pre-trial conference the court invited the parties at...more

Markman Opinion Is Supplemented Following Evidentiary Hearing

Andrews, J. The court previously entered a Markman opinion on January 20, 2015. Declarations by experts were submitted on January 16, 2015 and an evidentiary hearing took place on January 23, 2015 regarding how a POSA would...more

Federal Circuit Review | April 2015

No Recovery Of Lost Profits From Related Companies’ Activities - In WARSAW ORTHOPEDIC, INC. v. NUVASIVE, INC., Appeal Nos. 2013-1576, -1577, the Federal Circuit held that a company was not entitled to lost profits based...more

IP Newsflash - April 2015 #3

DISTRICT COURT CASES - District Court Awards Attorney Fees Under its Inherent Powers Rather than 35 U.S.C. § 285 - On October 10, 2013, plaintiff MyMedicalRecords, Inc. (MMR) sued defendants claiming...more

Patents In the Shark Tank

My family and I enjoy watching Shark Tank. It’s a mix of business, technology, humor and, in some cases, is a testament to the entrepreneurial spirit of people. Of course, we realize it is mainly about entertainment. It...more

Context and Relationships among Claim Elements in Patents

A claim in a patent application or issued patent should express not only the building blocks of an invention but also the relationships among the building blocks. Understanding and expressing these relationships clearly in a...more

Words Of Degree Used In Oral Contraceptive Patent Are Indefinite

The disputed technology relates to an oral contraceptive regimen. During claim construction proceedings, the court found it was unable to construe the disputed terms containing words of degree – “High,” “low,”...more

Federal Circuit’s Initial Reaction to Teva

In the nearly three months since the U.S. Supreme Court ruled that subsidiary factual findings in claim construction proceedings must be reviewed for clear error, the U.S. Court of Appeals for the Federal Circuit has decided...more

Is The Deck Stacked Against Patent Owners In The PTAB? [Video]

Two years after the creation of the America Invents Act post-grant proceedings, many patent owners are facing an uphill battle when attempting to defend their intellectual property before the Patent Trial and Appeal Board...more

USPTO makes changes to AIA post grant proceedings

The U.S. Patent and Trademark Office will be making a series of rule changes to America Invents Act reviews. Some will be effective immediately, others will be implemented in phases. The rule changes are a direct response to...more

Teva Pharms USA, Inc. v. Sandoz, Inc.

Case Name: Teva Pharms USA, Inc. v. Sandoz, Inc., No. 10-13-854, 135 S. Ct. 831 (Mar. 20, 2012) (Breyer, J. delivered opinion of the Court, in which Roberts, C.J., and Scalia, Kennedy, Ginsburg, Sotomayor, and Kagan, JJ.,...more

Game Over: Plain and Ordinary Construction Results in Summary Judgment

Claim Construction Order and Order Granting Summary Judgment, Segan LLC v. Zynga Inc., 14-cv-01315 (Judge Vince Chhabria) - It is ordinary in patent cases for the patentee to ascribe “plain and ordinary” meaning to...more

District Court Denies Motion for Leave to File Summary Judgment as Premature Prior to Claim Construction

Rec Software USA, Inc. ("Rec") filed a patent infringement action against HTC America, Inc. ("HTC"). HTC requested leave to file a motion for summary judgment based on 35 U.S.C. §101. The request for leave to file the summary...more

Claim Construction Opinion Issues In ANDA Case

Andrews, J. Court issues a claim construction opinion in ANDA case regarding terms from nine patents. The disputed technology relates to the administration of testosterone. The following terms were construed...more

Where Do We Go from Here? Teva’s Impact on IPR and District Court Practice

The recent Supreme Court case of Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. held that, although the ultimate issue of claim construction is a legal question subject to de novo review, underlying factual determinations...more

Intellectual Property Bulletin - Winter 2015

Copyrighting Player-Generated Content in Video Games - Last year, consumers spent more than $21 billion on the video game industry. The Entertainment Software Association reports that almost 60% of Americans—roughly...more

Federal Circuit Panel Blesses BRI Standard for Claim Construction at PTAB But Another Panel May Not

The Cuozzo v. Garmin case, discussed in our blog in January, has been decided in favor of the U.S. Patent and Trademark Office (USPTO). A divided panel decided 2-1 to uphold the USPTO’s claim construction standard used by the...more

Two signs that patent reform momentum may be slowing

With the rise of patent trolls, software patents, and spiraling patent litigation costs over the past 10 years, there arose a call for patent reform. There was a call to limit the ability of patent assertion entities to...more

Ambiguity in Court’s Construction Creates Objective Reasonableness of Infringement and Negates Exceptional Case Determination -...

Addressing the award of attorneys’ fees by the district court, the U.S. Court of Appeals for the Federal Circuit reversed the district court’s grant of fees under § 285 and affirmed the district court’s denial of fees under §...more

Intellectual Property Legal News: Volume 2, Number 1

TEVA PHARMACEUTICALS: IS IT TIME TO RETHINK HOW YOU WILL ARGUE CLAIM CONSTRUCTION? The United States Supreme Court decided in Teva Pharmaceuticals USA Inc. v. Sandoz Inc. that the Federal Circuit must review all...more

Practical Steps for Building a Strong Life Science Patent Portfolio Worth Billions of Dollars

In the last four years, several companies with antiviral drug programs, including Alios BioPharma, Idenix, Inhibitex, InterMune and Pharmasset, have been acquired by large pharmaceutical companies (‘‘big pharma’’). One of the...more

Federal Circuit Confines De Novo Claim Construction Review by Limiting Consideration to Intrinsic Evidence - In re Papst Licensing...

Addressing for the first time the issue of claim construction since the U.S. Supreme Court’s recent decision in Teva, the U.S. Court of Appeals for the Federal Circuit applied a de novo standard of review, giving no deference...more

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