News & Analysis as of

Claim Terms Patent Litigation

Axinn, Veltrop & Harkrider LLP

Is a Claim Term’s Whole Greater Than the Sum of Its Parts?

Claim terms are usually given their ordinary meaning in light of the intrinsic evidence, but what if the ordinary meaning of two claim terms presents an obvious contradiction? That is the issue that the Federal Circuit will...more

Smart & Biggar

Federal Court declines to grant injunction for infringement of HUMIRA formulation patent

Smart & Biggar on

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

McDermott Will & Emery

It Can Take Three Appeals to Make a Claim Construction Go “Right”—or Three Bites by Apple

McDermott Will & Emery on

In a nonprecedential opinion on remand from the US Court of Appeals for the Federal Circuit and a US Patent & Trademark Office (PTO) Director-granted request for review, the Patent Trial & Appeal Board (Board) reconstrued...more

Haug Partners LLP

Federal Circuit Emphasizes the Importance of Prosecution History in Resolving Ambiguous Claim Terms in University of Massachusetts...

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On June 13, 2022, the Federal Circuit issued a precedential opinion that vacated the district court’s judgment of indefiniteness, deciding that the ruling was based on an erroneous claim construction. The patents-in-suit...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit: Indefiniteness Is Not Judged by the “Claim Language, Standing Alone”

Evaluating whether a patent claim is sufficiently “definite” under 35 U.S.C. § 112 requires looking beyond just the claim language itself. The Federal Circuit reaffirmed this fundamental principle in a recent decision...more

Morrison & Foerster LLP - Federal Circuitry

A CVSG on Claim Construction Procedures and Jury Trial Rights

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

Manatt, Phelps & Phillips, LLP

Claim Term ‘Target’ Held Indefinite Because Inanimate Object Cannot Set a Goal

In Horizon Pharma, Inc. v. Dr. Reddy’s Laboratories Inc.,1 the Federal Circuit held that the claim language “the AM and PM unit dose forms further target a mean % time” as indefinite because the phrase was incomprehensible....more

Manatt, Phelps & Phillips, LLP

Words Matter: Main Power Source Held to Encompass Both AC and DC Power Sources

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

Knobbe Martens

Not a Cowboy Claim Construction, University of Wyoming’s Patent Adequately Defined Claim Term

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CHEVRON U.S.A. INC. v. UNIVERSITY OF WYOMING RESEARCH - Before Newman, Lourie, and Schall. Appeal from Patent Trial and Appeal Board. Summary: Intrinsic evidence is sufficient support for claim construction in an...more

Akin Gump Strauss Hauer & Feld LLP

Focusing on the Language Used in the Claims, the Federal Circuit Vacates a District Court’s Construction of the Terms “Antibody”...

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

McDermott Will & Emery

Appellate Court Generates Patent Treatise in Car-Tracking Patent Case

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

McDermott Will & Emery

“100%” Does Not Necessarily Mean “All”

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

Knobbe Martens

Finding No Unambiguous Definition in Record, Federal Circuit Applies Plain Meaning to Disputed PTAB Construction

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BRADIUM TECHNOLOGIES LLC V. ANDREI IANCU - Before Moore, Reyna, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: A clear and unambiguous definition of a claim term is required to redefine the term to...more

Jones Day

Jones Day Talks: PTAB's Busy Docket and What's Changed After SAS Institute

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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

McDermott Will & Emery

Absent Clear Disavowal, Preferred Embodiment Does Not Limit Claim Construction

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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

Knobbe Martens

Federal Circuit Review - April 2018

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Broadest Reasonable Interpretation Encompasses All Embodiments in the Absence of Support Specifically Excluding an Embodiment - In Steuben Foods, Inc. v. Nestle USA, Inc., Appeal No. 2017-1290, the Federal Circuit...more

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