Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged claim construction · clear
Federal Circuit Summary Before Prost, Moore , and Reyna. Appeal from the District of Delaware. Summary : Plain language claim construction will not be narrowed based on the prosecution history unless the patentee clearly and explicitly disclaims claim…
Federal Circuit Summary Before Prost, Moore and Reyna. Appeal from the District Court of Delaware. Summary: A limitation in the specification should not be imported into a claim when there is no evidence that the limitation is important, essential or…
Federal Curcuit Summary Before Newman , Lourie, and Hughes. Appeal from the Patent Trial and Appeal Board. Summary: Claim construction was not reasonable where it extended the breadth of the claims beyond what was described in the specification. Tre Milano…
On May 9th, the USPTO released a short “ Notice of proposed rulemaking ” entitled “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board.” In brief the…
Federal Circuit Summary Before Moore, Mayer, and Stoll . Appeal from the United States District Court for the District of New Jersey. Summary : Plain claim language will not be narrowed based on a patent’s specification unless the patentee clearly…
Federal Circuit Summary Before Newman, Clevenger, and Wallach . Appeal from the Patent Trial and Appeal Board. Summary : The USPTO has standing to intervene to defend its decision, even when the requestor has withdrawn. Knowles Electronics LLC…
Federal Circuit Summary Before Moor, Mayer , and Stoll. Appeal from the patent Trial and Appeal Board Summary : The broadest reasonable interpretation of a claim term cannot be so broad that it is inconsistent with the specification or renders the term…
Federal Circuit Summary Before Dyk, Reyna, and Hughes . Appeal from the Patent Trial and Appeal Board. Summary : Where the Federal Circuit had previously construed the same claim term in an appeal involving a related patent also owned by the patentee in…
Federal Circuit Summary Before Newman , Hughes, and Stoll. Appeal from U.S. District Court for the Southern District of New York. Summary : General disclosures in the specification and statements that describe the embodiments as non-limiting do not broaden…
Federal Circuit Summary Before Newman, Wallach , and Chen. Appeal from the Patent Trial and Appeal Board Summary : The Federal Circuit upheld the Patent Trial and Appeal Board’s claim construction in an inter partes reexamination, where the Board…
In In re: Smith International, Inc., [2016-2303] (September 26, 2017), the Federal Circuit reversed the PTAB’s affirmance of the Examiner’s rejections of claims in an ex parte reexamination of U.S. Patent 6,732,817 directed to a downhole…
In Jang v. Boston Scientific Corp., [2016-1275, 2016-1575] (September 29, 2017), the Federal Circuit affirmed the district court’s denial of Jang’s motion for judgment as a matter of law (JMOL), its vacatur of the jury verdict of infringement…
