News & Analysis as of

Patents Claim Construction Ambiguous

Smart & Biggar

Avoiding a finding of ambiguity and ensuring patent validity: the importance of a comprehensive disclosure and defining coined...

Smart & Biggar on

On June 7, 2024, the Federal Court issued its Judgment and Reasons in Tekna Plasma Systems Inc v AP&C Advanced Powders & Coatings Inc ( 2024 FC 871), finding all claims of the Defendant’s Canadian Patent No 3,003,502 (502...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - November 2023

In re PersonalWeb Technologies LLC, Appeals Nos. 2021-1858, -1859, -1860 (Fed. Cir. Nov. 3, 2023) In this appeal from the United States District Court for the Northern District of California, the question before the...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Looks to Expert Testimony to Construe Patent with Ambiguous Intrinsic Record

On December 15, in Uniloc 2017 LLC v. Netflix, Inc. (nonprecedential), the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) determination that a claim of Uniloc’s U.S. 6,584,229 patent was unpatentable as...more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: Canada's Federal Court Questions No File Wrapper Estoppel on Claim Construction

The Supreme Court of Canada in Free World Trust v Électro Santé Inc, 2000 SCC 66 rejected the use of extrinsic documents such as file wrappers (patent prosecution histories) for claim construction, on the basis that allowing...more

Fenwick & West LLP

The Problem of Patent Glossaries Part I: Ambiguity in Patent Claims and the Nature of Meaning

Fenwick & West LLP on

What motivates the USPTO to consider the use of glossaries in patent applications is surely the hue and cry that software patents are frequently, if not inherently, vague and ambiguous, and that something must be done to help...more

Foley & Lardner LLP

Judge Plager (Fed. Cir.) Suggests Construing Ambiguous Claims Against the Patent Holder

Foley & Lardner LLP on

On August 6, 2013, the Federal Circuit issued a 48-page opinion in 3M Innovative Props. Co. v. Tredegar Corp., in which it dissected in excruciating detail the construction of patent claims directed to “elastomeric laminates”...more

Foley & Lardner LLP

Federal Circuit Holds That Patent Indefiniteness Requires Insoluble Ambiguousness

Foley & Lardner LLP on

In Biosig Instruments, Inc. v. Nautilus Inc., the Federal Circuit reversed the district court’s finding that the claims at issue were invalid as indefinite, because the claims were not “insolubly ambiguous.” This case...more

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