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Intellectual Property Protection Apple Claim Construction

Jones Day

PTAB Allows Three Concurrent IPR Petitions for Unusual Patent Claims

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Recently, the Patent Trial and Appeal Board (“the Board”) was persuaded to consider the merits of three out of seven concurrent petitions for an inter partes review of a single patent due to the patent’s complicated claiming...more

Knobbe Martens

Effects of Proximity, Plurals, and Passive Voice for Claim Construction

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APPLE INC. v. MPH TECHNOLOGIES OY - Before Moore, Prost, and Taranto. Appeal from Patent Trial and Appeal Board. Summary: The proximity of concepts in a claim may link the concepts together and affect the plain meaning...more

Knobbe Martens

Intrinsic Record Thwarts Theory of Interchangeability

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APPLE INC. V. WI-LAN INC. Before Moore, Chief Judge, Bryson, and Prost.  Appeal from the United States District Court for the Southern District of California. Summary: Construing a broad claim term to be re-defined as...more

Jones Day

Expired Patents Can Be Challenged

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Although it may seem counterintuitive, the PTAB has jurisdiction over expired patents, and patent owners may need to defend their expired patents in inter partes review. The PTAB recently reiterated this in Apple, Inc. v....more

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Federal Circuit Review - June 2021

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Bulk-Filed Patent Applications Claiming Distant Priority Trigger Prosecution Laches - In Hyatt v. Hirshfeld, Appeal No. 18-2390, the Federal Circuit held that the PTO met its burden to prove prosecution laches for bulk-filed...more

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