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Intrinsic Evidence

Baker Botts L.L.P.

Third Quarter 2024 Federal Circuit Law Update

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Since serving as a Federal Circuit clerk, Michael Hawes has monitored that court's precedential opinions and prepares a deeply outlined index by subject matter (invalidity, infringement, claim construction, etc.) of relevant...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2024 #2

Parkervision, Inc. v. Qualcomm Inc., Appeal Nos. 2022-1755, 2024-2221 (Fed. Cir. Sept. 6, 2024) In this week’s Case of the Week, the Federal Circuit weighed in again on a 13-year-old patent dispute concerning Qualcomm’s...more

McDermott Will & Emery

Sliced and Diced: Operating Manuals Are Printed Publications

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The US Court of Appeals for the Federal Circuit reversed the Patent Trial & Appeal Board’s non-obviousness determination, finding that the Board erred in determining that an operating manual did not qualify as printed...more

Axinn, Veltrop & Harkrider LLP

Is a Claim Term’s Whole Greater Than the Sum of Its Parts?

Claim terms are usually given their ordinary meaning in light of the intrinsic evidence, but what if the ordinary meaning of two claim terms presents an obvious contradiction? That is the issue that the Federal Circuit will...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Vacates District Court’s Claim Construction of the Term “Pipette Guiding Mechanism”

In Malvern Panalytical Inc. v. TA Instruments-Waters LLC, the Federal Circuit addressed the proper construction of the claim term “pipette guiding mechanism.” Specifically, the Federal Circuit found the plain and ordinary...more

McDermott Will & Emery

Resorting to Extrinsic Evidence Is Necessary When Intrinsic Evidence Is Muddied

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The US Court of Appeals for the Federal Circuit determined that the limitation “a pH of 13 or higher” could not be construed using the asserted patents’ intrinsic evidence and therefore remanded to the district court with...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - November 2023 #2

Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, LLC, Appeal No. 2022-1706 (Fed. Cir. Nov. 7, 2023) In this week’s Case of the Week, the Federal Circuit dismissed appellant Allgenesis’s appeal of an inter...more

Sheppard Mullin Richter & Hampton LLP

Sisvel International S.A. v. Sierra Wireless, Inc., No. 2022-1387, 2022-1492 (Fed. Cir. Sept 1, 2023)

This case addresses the validity of two patents asserted against wireless communications technologies. In particular, this case discusses claim construction and post-issuance claim amendments that broaden the scope of...more

McDermott Will & Emery

Context Is Key in Claim Construction

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The US Court of Appeals for the Federal Circuit reiterated that intrinsic evidence trumps extrinsic evidence in determining the meaning of claim terms. Sequoia Technology, LLC v. Dell, Inc. et al., Case Nos. 21-2263; -2264;...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - February 2023 #3

Lite-Netics, LLC v. Nu Tsai Capital LLC, Appeal No. 2023-1146 (Fed. Cir. Feb. 17, 2023) In an appeal from the U.S. District Court for the District of Nebraska, the Federal Circuit addressed whether the district court...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (January 17 – January 20): “Larger Than” Or “Large Enough”?

If you think claim construction is more fun than watching paint peel, then you’re probably a patent lawyer. And what’s more fun than claim construction? Claim construction with an indefiniteness challenge, as happened in this...more

McDermott Will & Emery

Dictionaries Don’t Know Best: The Intrinsic Record Prevails (Again)

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The US Court of Appeals for the Federal Circuit addressed the tension between the intrinsic and extrinsic record in claim construction, holding that the intrinsic record should be relied on first. The Court therefore reversed...more

McDermott Will & Emery

Terms of Degree Not Always Indefinite

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The US Court of Appeals for the Federal Circuit overturned a district court determination that the claim terms “resilient” and “pliable” were indefinite. The Federal Circuit found that the claims, while broad, were...more

McDermott Will & Emery

Improper Claim Construction Requires Partial Remand of Obviousness Determination

The US Court of Appeals for the Federal Circuit issued decisions in two separate inter partes reviews (IPRs), one involving a patent related to radio frequency communication systems and the other involving a patent related to...more

McDermott Will & Emery

Rounding Error: Intrinsic Evidence Informs Plain and Ordinary Meaning

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Vacating a stipulated infringement judgment based on an incorrect claim construction, the US Court of Appeals for the Federal Circuit explained that it is improper to isolate claim language from the intrinsic evidence when...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (October 25-29): Taking the Pulse of Another § Decision

While there may have been no public tricks or treats from the Federal Circuit last week, the Court still managed to issue a range of precedential and non-precedential decisions. Below we provide our usual weekly statistics...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - August 2021: Federal Circuit Remands for Board's Improper Use of Extrinsic Evidence During Claim...

In Seabed Geosolutions (US) Inc. v. Magseis FF LLC, the Federal Circuit vacated and remanded an inter partes review decision for the Patent Owner. The Court held that the Patent Trial and Review Board failed to perform the...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - August 2021

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

McDermott Will & Emery

If Intrinsic Evidence Provides a Clear Meaning, Just Stop

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The US Court of Appeals for the Federal Circuit vacated a final written decision of the Patent Trial & Appeal Board (Board) based on its finding that the Board erred in its ultimate claim construction by relying on extrinsic...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (July 5-9): What Happens When the Federal Circuit Looks to Define the Undefined

Below we provide our usual weekly statistics and our case of the week—our highly subjective selection based on whatever case piqued our interest. Precedential opinions: 1 - v Non-precedential opinions: 4 - Rule 36: 3...more

McDermott Will & Emery

Prosecution History Prevents Patent Owner from “Intercepting” Win on Appeal

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In reviewing whether the Patent Trial & Appeal Board (Board) correctly interpreted the meaning of “intercepting” in the context of Voice over Internet Protocol (VoIP) technology, the US Court of Appeals for the Federal...more

McDermott Will & Emery

Stick to the Fax: Conflicting Statements Made During Prosecution Lead to Indefiniteness

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In deciding whether use of the term “passive link” to define a connection between a computer terminal and a fax machine rendered a patent claim indefinite, the US Court of Appeals for the Federal Circuit affirmed the district...more

Knobbe Martens

District Court Erred in Departing From Claim Language to Adopt Construction That Encompassed All Disclosed Embodiments

Knobbe Martens on

SIMO HOLDINGS INC. v. HONG KONG UCLOUDLINK NETWORK - Before O’Malley, Wallach, and Taranto. Appeal from the United States District Court for the Southern District of New York. Summary: A claim construction that...more

McDonnell Boehnen Hulbert & Berghoff LLP

Bracco Diagnostics Inc. v. Maia Pharmaceuticals, Inc. (Fed. Cir. 2020)

Stipulating to infringement after a contrary claim construction is a conventional stratagem for a losing party to have a final judgment that can be challenged before the Federal Circuit.  The risk of course, is that if the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Chevron U.S.A. Inc. v. University of Wyoming Research Corp. (Fed. Cir. 2020)

Interferences were rendered unnecessary with the passage of the Leahy-Smith America Invents Act in 2011, but they linger in disputes between patents and applications claiming priority to applications filed before the change...more

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