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
In an opinion addressing claim construction and Patent Trial and Appeal Board (PTAB) jurisdiction, the US Court of Appeals for the Federal Circuit concluded that while the PTAB had the authority to consider the patentability...more
The US Court of Appeals for the Federal Circuit affirmed that the Patent Trial and Appeal Board (PTAB) may arrive at its own claim broadest reasonable interpretation (BRI) independent of those proffered by the parties and...more
Addressing disclaimer of claim scope, the US Court of Appeals for the Federal Circuit affirmed the district court’s summary judgment of non-infringement, finding that the patentee clearly and unmistakably disclaimed...more
In Depth -
The Supreme Court of the United States (Justice Breyer writing for the majority) affirmed a US Court of Appeals for the Federal Circuit decision barring judicial review of most decisions regarding institution...more
6/30/2016
/ America Invents Act ,
Appeals ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Cuozzo Speed Technologies v Lee ,
Inter Partes Review (IPR) Proceeding ,
Judicial Review ,
Patent Trial and Appeal Board ,
Patents ,
SCOTUS ,
Standard of Review ,
USPTO
In an opinion addressing claim construction, infringement and indefiniteness, the U.S. Court of Appeals for the Federal Circuit affirmed the district court’s findings that the asserted claims were not indefinite and not...more
In a deeply divided opinion addressing the claim construction standard in post-grant America Invents Act (AIA) proceedings, the U.S. Court of Appeals for the Federal Circuit denied a petition for rehearing en banc, leaving in...more
9/4/2015
/ America Invents Act ,
Broadest Reasonable Interpretation Standard ,
Claim Construction ,
Cuozzo Speed Technologies ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
USPTO ,
Validity
No Case or Controversy in DJ Against Patentee Who Sued Manufacturer’s Customers: Cisco Systems, Inc. v. Alberta Telecommunications Research Center -
In a non-precedential opinion addressing declaratory judgment...more
11/1/2013
/ Cisco ,
Claim Construction ,
Copyright ,
FRAND ,
Offsets ,
Patent Infringement ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Telecommunications ,
Trademark Policing ,
Trademarks
Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship -
Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more
4/30/2013
/ Affidavits ,
Claim Construction ,
Copyright ,
Copyright Infringement ,
Discovery ,
DMCA ,
Infringement ,
Patents ,
Prior Art ,
Safe Harbors ,
Trademarks ,
USPTO