Analysis of patent litigation, PTAB practice, prosecution and pharma IP, written on the data behind LexDana.
Tagged claim construction · clear
Written by Clayton R. Henson and Kerry S. Taylor, Ph.D. On July 28, 2017, the PTAB issued a final written decision holding all claims unpatentable in an IPR after the Fed. Cir. vacated and remanded the PTAB’s previous final written decision. On…
In Homeland Housewares, LLC v. Whirlpool Corp., [2016-1511] (August 4, 2017), the Federal Circuit reversed the PTAB’s determination that Whirlpool’s U.S. Patent No. 7,581,688 relating to a household blender was not anticipated by U.S. Patent…
In In re Affinity Labs of Texas, LLC, [2016-1173] (May 5, 2017), the Federal Circuit affirmed the Board’s decision that §317(b) did not bar the reexamination and that the reexamined claims were invalid. Affinity sued Apple for infringement of…
The difference between "i.e." (id est, "that is") and "e.g." (exempli gratia, "for example") comes up in patent cases from time to time. While the difference is not always clear to some practitioners, it is clear to…
In Meiresonne v. Google, Inc. , [2016-1755] (March 7, 2017), the Federal Circuit affirmed the PTAB determination that claims 16, 17, 19 and 20 of U.S. Patent No. 8,156,096 on a system whereby a user can identify a supplier of goods or services over the…
The USPTO recently announced three new Enhanced Patent Quality Initiative programs that are designed to (i) add more detail and clarity to the public record of each U.S. patent application, and (ii) improve consistency in how USPTO examiners' work…
Is claim construction an issue of law to be decided de novo on appeal, or are there relevant issues of fact, justifying that deference be given to the decisions and opinions of trial courts? The CAFC has recently denied a petition for en banc rehearing of…
