Claim Construction

News & Analysis as of

ITC grants partial review of ALJ Essex’s decision concerning FRAND issues (337-TA-613)

Yesterday, the U.S. International Trade Commission (ITC) gave Notice that it has determined to review in part ALJ Essex’s decision concerning claim construction and standard essential patent (SEP) issues in the investigation...more

Federal Circuit Tackles Claim Construction Review under New Standard

The More Things Change (Lighting Ballast Control LLC v. Philips Electronics North America), the More They Stay the Same (Teva Pharmaceuticals USA, Inc. v. Sandoz Inc.) - On June 18, 2015, the Federal Circuit handed down...more

Federal Circuit Revisits and Recasts Means-Plus-Function Claim Interpretation

An en banc decision from the Federal Circuit last week overruled a line of cases governing the interpretation of functional claim language, calling into question how courts, the PTO, and industry will treat such language in...more

Federal Circuit Reverses Unreasonable PTAB Claim Construction, Upholds Idle Free Standard for Motions to Amend

The Federal Circuit decision in Microsoft Corp. v. Proxyconn, Inc., addressed several important issues relating to post-grant patent trials conducted by the USPTO Patent Trial and Appeal Board (PTAB), including the PTAB’s...more

PTAB vs. Federal Circuit Update

To date, the Federal Circuit has weighed in on 15 PTAB decisions from inter partes review proceedings. In 3 of the 15 decisions, the Federal Circuit has issued a substantive opinion: 1) In re Cuozzo Speed Technologies –...more

Federal Circuit Defers To District Court’s Factual Finding That “Voltage Source Means” Connotes Sufficient Structure To Avoid...

Today, the Federal Circuit issued a ruling in Lighting Ballast v. Philips on remand from the Supreme Court after the Teva decision changed the standard of review of a district court’s claim construction. One of the more...more

Intellectual Property Bulletin - Spring 2015

California’s Eraser Law: What IP Attorneys and Owners Need to Know - Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got...more

In a First, Federal Circuit Reverses PTAB Claim Construction in IPR

In only its second substantive decision on an appeal of a final inter partes review (IPR) decision, the Federal Circuit in Microsoft Corp. v. Proxyconn, Inc., signaled its willingness to engage with substantive issues of...more

Williamson v. Citrix Online Highlights Potential Unintended Consequences of Functional Limitations in Patent Claims

In Williamson v. Citrix Online, LLC, No. 2013-1130 (Fed. Cir., June 16, 2015), the Federal Circuit, sitting en banc, overruled earlier opinions and held that the absence of the word “means” does not justify a “strong”...more

Federal Circuit Decreases Strength of Presumption Against Treatment of Patent Claims as Means-Plus-Function

Accused infringers challenging patent claims now have a new arrow in their quiver as a result of yesterday's holding in Williamson v. Citrix Online, et al. In an en banc decision, the Federal Circuit replaced an earlier...more

Federal Circuit Remands Because PTAB’s Claim Construction Was “Unreasonably Broad”

The Patent Trial and Appeal Board (PTAB) administers post-grant patent proceedings under the America Invents Act. The PTAB has invalidated many patent claims, and has been referred to as a patent “death squad.” But a recent...more

Federal Circuit Weakens the Presumption against Means-Plus-Function Claim Interpretation–Structural Support Significant for...

For the past ten years, there has been a strong presumption against interpreting a functional claim element lacking the word “means” as a means-plus-function claim element under § 112(f) (previously § 112 ¶ 6). One could...more

Markman Decision Issues Relating To A Toolset Permitting A User To Assign Ratings.

Adidas AG, et al. v. Under Armour, Inc. et al., C.A. No. 14-130 – GMS, June 15, 2015 Sleet, J. The court considers for construction 13 disputed terms from 9 patents....more

Federal Circuit Issues First Reversal & Remand of an Inter Partes Review in Microsoft Corporation v. Proxyconn, Inc. Addressing...

The Federal Circuit issued its first reversal and remand of a final decision in an inter partes review issued by the Patent Trial and Appeal Board (“PTAB”). In Microsoft Corporation v. Proxyconn, Inc., No. 14-1543, a panel...more

Federal Circuit En Banc Decision in Williamson v. Citrix Overrules Long Line of Precedent Regarding Functional Claiming and § 112,...

On June 16, 2015, the Federal Circuit issued its decision in Williamson v. Citrix Online, overruling en banc a long line of precedent regarding functional claiming and affirming a District Court decision finding asserted...more

En Banc Federal Circuit Changes Standard for Using Functional Language in Patent Claims

Richard A. Williamson v. Citrix Online, LLC, et al. (No. 2013-1130) - 35 U.S.C. § 112, para. 6 allows patent applicants to draft their claims in a way that recites a function to be performed, rather than by reciting a...more

Federal Circuit Reverses Patent Trial and Appeal Board Claim Construction as Unreasonable

Although the U.S. Court of Appeals for the Federal Circuit has held that the U.S. Patent and Trademark Office Patent Trial and Appeal Board has the authority to use the broadest reasonable interpretation claim construction...more

Claim Term Is Construed In Lacosamide ANDA Case

Stark, C.J. Claim construction ruling issues on one term from the patent-in-suit. Multimedia technology tutorials had been submitted, and a claim construction hearing took place on December 15, 2014....more

Judge Gilstrap to Require Letter Briefing for Alice Motions Before Claim Construction

Judge Gilstrap of the Eastern District of Texas has implemented a new letter brief requirement to rein in the number of so-called “101” or “Alice” motions filed in one of the country’s busiest patent dockets. The Supreme...more

Claims Are Construed In Dispute Relating To Remote Ordering Systems.

Stark, C.J. Markman opinion issues regarding 11 groups of disputed terms from one patent. Claim construction argument was held on April 13, 2015, followed by supplemental briefing. ...more

News from Abroad: Pravastatin Sodium Case, Japan Product-by-Process Claiming Practice: Supreme Court Overrules the Grand Panel of...

Product-by-process claim drafting and interpretation practice were greatly modified by the Pravastatin Sodium Case decisions (Japan Supreme Court, June 5, 2015, Second Petty Bench, case Nos. 2012(ju)1204 and 2012(ju)2658). ...more

Congress Continues to Promote Patent Reform Efforts

In recent years, Congress has devoted a great deal of attention to patent reform. Those efforts led in 2011 to passage of the Leahy-Smith America Invents Act (AIA), which was the most extensive revision of the patent laws in...more

Claim Construction Issues In Bendamustine Case

In Re Bendamustine Consolidated Cases, C.A. No. 13-2046 – GMS, June 3, 2015 - Sleet, J. Markman opinion issues. The court construes 13 terms from 6 patents. ...more

Summary Judgment Regarding Noninfringement Is Denied.

The patent at issue relates to a user interface for the driver of a vehicle. In a related matter, the granted summary judgment that the patent-in-suit was anticipated by prior art. The parties then submitted supplemental...more

Claim Construction Issues In ANDA Case.

Andrews, J. Claim construction opinion regarding x disputed terms from 6 patents. Oral argument took place on May 22, 2015. The disputed product relates to ritanovir. The disputed claims construed are...more

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