News & Analysis as of

Broadest Reasonable Interpretation Standard Ex Partes Reexamination

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

Haug Partners LLP

How Different Claim Construction Standards Can Ultimately Determine the Validity of a Patent

Haug Partners LLP on

Recently, the Federal Circuit issued a decision in Immunex Corp. v. Sanofi-Aventis U.S. LLC addressing the different claim construction standards used by the Patent Trial and Appeal Board (“PTAB”) (broadest reasonable...more

Mintz - Intellectual Property Viewpoints

Ex parte WILHELM HEINE: PTAB Rejects Examiner’s Unreasonable Claim Construction

During patent prosecution, Examiners often liberally apply the broadest reasonable interpretation standard in rejecting claims. When responding to these rejections, it is important to remember that there are limits to an...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Overturns PTAB’s Unreasonably Broad Claim Construction in Favor of Previously Affirmed District Court Construction

In a recent decision, the Court of Appeals for the Federal Circuit (“Federal Circuit”) overturned the Patent Trial and Appeal Board’s (PTAB or the “Board”) findings of anticipation “[b]ecause the [B]oard’s anticipation...more

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

Federal Circuit Appeals from the PTAB: Summaries of Key 2017 Decisions

In 2016, the US Court of Appeals for the Federal Circuit docketed more appeals from the US Patent and Trademark Office (PTO) than any other venue—a first in its over 30-year history. The post grant proceedings created by the...more

Jones Day

Is The PTAB Bound By A Previous Federal Circuit Claim Construction?

Jones Day on

In previous posts, we have discussed whether the PTAB and the district courts can reach different conclusions on the same issue. In those instances, the Federal Circuit held they can, because the standards applicable at the...more

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

Federal Circuit Reigns in PTAB on Broadest Reasonable Interpretation

For patent owners, the PTAB’s use of the “broadest reasonable interpretation” or “BRI” is often frustrating and sometimes fatal. That appeared to be the case for the patent owner Smith International, Inc., the owner of U.S....more

Foley & Lardner LLP

Federal Circuit Schools USPTO On Broadest Reasonable Claim Construction

Foley & Lardner LLP on

In recent decisions, the Federal Circuit has found error in the USPTO Patent Trial and Appeal Board’s approach to obviousness rejections, including its reliance on the doctrine of routine optimization without evidence of an...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Jang v. Boston Scientific, the Circuit takes on the doctrine of ensnarement, affirming a district court’s grant of JMOL based on the patentee’s inability to develop a hypothetical claim that covered the accused stent but...more

Mintz - Intellectual Property Viewpoints

“In Light of the Specification”: Federal Circuit Weighs in on the Broadest Reasonable Interpretation

The Federal Circuit yesterday issued an opinion in In re: Smith Int’l, Inc., No. 2016-2303 (Fed. Cir. Sept. 26, 2017) reversing an affirmance by the Patent Trial and Appeal Board of the rejection of several claims of U.S....more

McDermott Will & Emery

Federal Circuit: PTAB’s Claim Construction Standard Is BRI, but Sometimes with an Obligation - Power Integrations v. Lee

McDermott Will & Emery on

In a decision with potentially far-reaching impact, U.S. Court of Appeals for the Federal Circuit concluded that the Board of Patent Appeals and Interferences (Board) in arriving at a claim constructions, is obligated to...more

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