Jones Day Talks: PTAB's Busy Docket and What's Changed After SAS Institute
On December 4, 2023, the Federal Court issued its public judgment and reasons in two patent infringement actions pursuant to s. 6(1) of the Patented Medicines (Notice of Compliance) Regulations (“Regulations”) and two patent...more
As Federal Circuitry readers likely know, the Supreme Court occasionally invites the Solicitor General to file a brief expressing the views of the United States in a case where the Court is considering granting certiorari....more
In Network-1 Technologies, Inc. v. Hewlett-Packard Co.,1 the Federal Circuit held the claim term “main power source” was interpreted to include both AC and DC power sources, especially where specification never described that...more
The Federal Circuit recently vacated a district court’s construction of the terms “antibody” and “antibody fragment.” The court’s constructions were not consistent with the claim language, and nothing in the specification or...more
In an opinion addressing the definiteness of a term of degree, the US Court of Appeals for the Federal Circuit affirmed a final determination of the US International Trade Commission (ITC), concluding that an asserted claim...more
Addressing the appeal of a judgment that four US patents were infringed and not invalid, the US Court of Appeals for the Federal Circuit: • Found waiver regarding a claim construction issue • Found direct infringement...more
In a split decision, a panel of the US Court of Appeals for the Federal Circuit upheld a district court claim construction, finding that the claim term “100% by weight (of a layer),” considered in the context of the claim and...more
Jones Day's Dave Cochran and Matt Johnson discuss recent developments in patent litigation and appeals, including the continuing importance of the PTAB as a jurisdiction of first choice for patent disputes in the United...more
In a case that hinged on the construction of a disputed claim term, the US Court of Appeals for the Federal Circuit explained that the district court erred in limiting the disputed claim based on the preferred embodiment and...more