News & Analysis as of

Preamble Claim Construction

Knobbe Martens

Federal Circuit Review - August 2020

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Claims Covering Human Engineering That Exploit a Naturally-Occurring Phenomenon Are Patent Eligible - In Illumina, Inc. V. Ariosa Diagnostics, Inc., Appeal No. 19-1419, the Federal Circuit modified its earlier decision...more

Haug Partners LLP

Federal Circuit Clarifies Prior Decision on Limiting Claim Preambles

Haug Partners LLP on

On August 3, 2020, in Bio-Rad Labs., Inc. v. 10X Genomics, Inc., the Federal Circuit clarified its decision in TomTom v. Adolph regarding limiting claim preambles, holding that the preamble of the claim at issue could not be...more

McDermott Will & Emery

Travel Trailer Pulls Patent Around Prior Art

McDermott Will & Emery on

In an appeal stemming from the denial of a patent application under § 102(b), the US Court of Appeals for the Federal Circuit reversed the Patent Trial and Appeal Board (PTAB) by holding that the claims’ preambles were claim...more

Knobbe Martens

Federal Circuit Review - April 2019

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Just Because Something May Result From a Prior Art Teaching Does Not Make it Inherent in that Teaching - In Personal Web Technologies, LLC v. Apple, Inc., Appeal No. 2018-1599, the Federal Circuit clarified that the mere...more

McDermott Will & Emery

Intended Use Preamble Not Limiting; Diligence Must Only Be Reasonably Continuous

McDermott Will & Emery on

In an opinion addressing claim construction and priority dates, the US Court of Appeals for the Federal Circuit explained that preamble language is not limiting when it merely recites an intended use, and that diligence need...more

Mintz - Intellectual Property Viewpoints

Patent Claim Preamble Lessons from Arctic Cat Inc. v. GEP Power Products

The general rule is that a patent claim’s preamble does not limit the claim unless the preamble gives life, meaning, and vitality to the claim. The Federal Circuit’s recent decision in Arctic Cat Inc. v. GEP Power Products,...more

Knobbe Martens

Arctic Cat Inc. v. GEP Power Products, Inc.

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Federal Circuit Summary - Before Prost, Reyna, Taranto. Appeal from the Patent Trial and Appeal Board. Summary: Where the preamble of a claim merely identifies an intended use and does not impose a structural...more

Knobbe Martens

Acceleration Bay, LLC v. Activision Blizzard Inc.

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Federal Circuit Summary - Before Prost, Moore, and Reyna. Appeal from the Patent Trial and Appeal Board. Summary: Omitting a transition phrase between the preamble and the body of a claim does not cause terms in the...more

Knobbe Martens

Federal Circuit Review | March 2015

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Patent Office’s Decision To Institute IPR Not Reviewable - In IN RE CUOZZO SPEED TECHNOLOGIES, LLC, the Federal Circuit held it lacks jurisdiction to review the Patent Office’s decision to institute inter partes review....more

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