IP Watchdog

MARCH 8, 2024

On appeal to the CAFC, CoolIT argued that the PTAB erred in construing one of the claim terms, “matingly engaged” and that even under the PTAB’s construction, the asserted prior art did not meet the matingly engaged limitation.

Patent 69

Patent Art Litigation Intellectual Property 69

JD Supra Law

MARCH 29, 2024

It goes without saying that claim construction is an important issue, but the PTAB’s recent decision in Netflix, Inc. 22, 2024), shows not only that reasonable minds can differ about the proper construction of patent claims, but also that different interpretations can result in conflicting patentability determinations.

Patent 45

Patent 45

JD Supra Law

APRIL 12, 2024

The PTAB denied institution on two separate grounds: (1) the Petitioner, 10x Genomics, did not properly assert a Section 112(f) construction in the alternative in its Petition under 37 C.F.R. President and Fellows of Harvard College, IPR2023-01299, Paper 15 (PTAB Mar. 7, 2024) (“Decision”).

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JD Supra Law

JANUARY 30, 2024

decision in 2005 that purported to establish the definitive standard for claim construction, two disparate lines of claim construction case law have emerged in Federal Circuit panel decisions. Court of Appeals for the Federal Circuit's en banc Phillips v.

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Law 68

McKinsey Operations

JANUARY 27, 2023

Major semiconductor players have undertaken and announced US-based fab construction projects, and more are under consideration. Here’s a road map for moving ahead.

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Patently-O

JANUARY 10, 2024

Judge Hughes again wrote the majority opinion affirming the motion to dismiss on eligibility grounds; Judge Stoll again dissented-in-part, concluding that the district court should have construed the claims (or preliminary relied upon IBM’s proposed construction) before deciding eligibility. Machines Corp. 4th — (Fed.

Invention 72

Invention Patent Technology 72

JD Supra Law

FEBRUARY 9, 2024

The court agreed both with the PTAB’s claim construction and its application of that construction to the prior art raised in the IPRs. (PacBio) that challenged a Personal Genomics Taiwan (PGT) patent, U.S. 7,767,441, directed to a device for determining the identity of biomolecules. By: Jones Day

Art 65

Art Patent 65

JD Supra Law

NOVEMBER 16, 2023

Two recent precedential decisions of the Federal Circuit provide guidance on the contours of claim construction; more specifically, when intrinsic evidence is sufficient to determine claim meaning and when something more—extrinsic evidence—is required. By: Maynard Nexsen

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IP Law 360

FEBRUARY 22, 2024

EcoFactor, which held that the Patent Trial and Appeal Board erred in the claim construction it had unknowingly adopted, shows that litigators should be alert to claim construction issues that masquerade as something else, says Roy Wepner at Kaplan Breyer. The Federal Circuit's recent precedential decision in Google v.

Litigation 52

Litigation Patent 52

IP Watchdog

AUGUST 5, 2022

The appellate court ruled that the district court’s construction of a contested limitation within claim 1 was supported by the patent’s specification. Smith’s patent covering a hot-water heater system was both infringed by Bradford White and not invalid.

Patent 128

Patent Patent Infringement Litigation Intellectual Property 128

IP Watchdog

APRIL 6, 2022

district courts handling claim construction are to construe a patent’s independent claims in light of limitations included in dependent claims. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Littelfuse, Inc. Mersen USA EP Corp. clarifying how U.S.

Patent 124

Patent Litigation Technology Intellectual Property 124

JD Supra Law

FEBRUARY 16, 2024

The Court found that the Board, after concluding that no claim construction was required, implicitly construed the claim limitation at issue and did so erroneously. The US Court of Appeals for the Federal Circuit reversed a Patent Trial & Appeal Board decision finding the challenged patent claims not obvious over the prior art.

Art 65

Art Patent 65

IP Watchdog

DECEMBER 28, 2023

reversing a claim construction ruling and summary judgment of noninfringement issued by the Central District of California. On December 26, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in K-fee System GmbH v. Nespresso USA, Inc.,

Patent 69

Patent Patent Infringement Litigation Intellectual Property 69

IP Watchdog

APRIL 14, 2022

The CAFC held that the district court erred in its preliminary claim construction, particularly in determining that “detecting continuity and measuring continuity are mutually exclusive.”.

Patent Infringement 122

Patent Infringement Litigation Intellectual Property Patent 122

McKinsey Operations

APRIL 19, 2023

As the industry transitions to sustainable construction, chief procurement officers will play key roles in helping companies decarbonize and improve profitability.

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JD Supra Law

APRIL 20, 2023

The construction industry is full of valuable business information including customer lists, pricing information, project budgets, and more. The value of such information may be lost if it becomes known to a competitor or the public at large. That is why it is important to take steps to protect confidential information from disclosure.

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Confidentiality Business 98

Patently-O

JANUARY 1, 2024

The district court issued a claim construction order construing “barcode,” relying on statements K-fee made distinguishing certain prior art (Jarisch) during prosecution of a related European patent before the European Patent Office (EPO).

Art 72

Art Patent Technology Law 72

JD Supra Law

FEBRUARY 9, 2024

Today, the Federal Circuit issued a precedential decision vacating and remanding a PTAB decision based on an erroneous implicit claim construction. EcoFactor, Case Nos. 2022-1750, 2022-1767 (Fed. The challenged patent described a thermostat capable of dynamically balancing between comfort and energy savings.

Patent 65

Patent 65

JD Supra Law

NOVEMBER 20, 2023

In almost every claim construction, the courts make their claim construction ruling largely based on the intrinsic evidence – the claims, specification and prosecution history. The CAFC remanded the case for the district court to consider extrinsic evidence in the form of chemistry textbooks to establish the meaning of the claim.

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Patently-O

SEPTEMBER 6, 2023

On appeal to the Federal Circuit, Sisvel challenged the PTAB’s claim construction of the term “connection rejection message” and its denial of Sisvel’s revised motion to amend the ‘698 patent claims. See IPR2020-01070, Paper No. 31 (PTAB Nov. 8, 2021); IPR2020-01071, Paper No. 30 (PTAB Nov. 22-1387 (Fed.

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Art Invention Patent 115

IP Law 360

JANUARY 25, 2024

An empirical analysis of a year's worth of claim construction decisions from the Federal Circuit and four key district court jurisdictions shows that these constructions vary in material ways depending on the analysis' source, and this body of case law would benefit from clarification by the Federal Circuit itself, say attorneys at WilmerHale.

Law 52

Law 52

JD Supra Law

OCTOBER 26, 2023

The US Court of Appeals for the Federal Circuit ruled that a claim interpretation that flows naturally from the parties’ stipulated claim construction is binding on the parties even if the interpretation reads preferred embodiments out of the claims. Finjan LLC v. SonicWall, Inc., 22-1048 (Fed. 13, 2023) (Reyna, Cunningham, JJ.)

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Patently-O

AUGUST 3, 2023

.” Docs: Moderna v Pfizer Complaint Moderna v Pfizer Answer Moderna v Pfizer DCT Claim Construction The case is slowly moving forward in before Judge Richard Stearns with a trial rougly set for Fall 2024. Most recently, Judge Stearns issued a claim construction order following a Markman hearing.

Patent 97

Patent Patent Infringement Copying Technology 97

McKinsey Operations

OCTOBER 16, 2022

trillion in infrastructure spending needed per year until 2050 will go toward new construction—offering opportunities to fight climate change by reducing embodied emissions. Three-quarters of the $9.2

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JD Supra Law

FEBRUARY 5, 2024

issued claim construction rulings in Nike, Inc. lululemon”)’s construction in one instance; and rejected both parties’ construction as to a fourth term. On December 28, 2023, District Judge Subramanian (S.D.N.Y.) Lululemon USA Inc. on four disputed terms. The Court resolved two of the disputed terms in favor of Nike, Inc.

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JD Supra Law

JANUARY 30, 2024

This year we are covering three claim construction cases from the Federal Circuit—one coming from the Board and the two from district court. Taken together, the cases are a good reminder of the high burden that a party must surmount to contravene long-established, fundamental canons of claim construction.

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Editing IP 65

LexBlog IP

AUGUST 22, 2023

Can a petitioner’s reply in an IPR proceeding present new arguments and evidence responding to a proposed claim construction first raised in the patent owner’s response? For the first time in its patent owner responses, Medtronic urged a different construction of the two wherein clauses (the “two-input” construction).

Art 52

Art Patent Intellectual Property 52

IP Law 360

JANUARY 30, 2024

Personal Genomics decision highlights how even construction of a simple term can be dispositive, and thus disputed, in view of the specific context provided by the surrounding claim language, say Jeremiah Helm and Sean Murray at Knobbe. The Federal Circuit's recent Pacific Biosciences v.

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JD Supra Law

MAY 11, 2023

Summary: A party challenging the Board’s decision by alleging claim construction errors must demonstrate the harmfulness of the alleged errors for the Board’s decision to be reversed. SONY INTERACTIVE ENTERTAINMENT LLC - Before Prost, Reyna, and Cunningham. Appeal from the Patent Trial and Appeal Board. By: Knobbe Martens

Patent 102

Patent 102

LexBlog IP

FEBRUARY 26, 2024

Despite the absence of explicit claim construction arguments, the PTAB determined that each input in the [1m] limitation must be distinct and rejected Google’s obviousness theory, stating that it failed to use each of the five distinct inputs as required by the claim. If so, was the Board’s claim construction erroneous?

Patent 52

Patent Art Technology Invention 52

Patently-O

AUGUST 14, 2023

Although the parties had agreed to the construction of the “unique user code” term, they disagreed over the construction-of-the-construction. The Federal Circuit rejected this argument, finding that it was inconsistent the claim construction which clearly states the code is associated with “one user.”

Patent 52

Patent Contracts Invention Litigation 52

IP Watchdog

AUGUST 7, 2023

The court ultimately vacated the decisions and remanded to the PTAB to reconsider.

Patent 98

Patent Litigation Intellectual Property IP 98

IP Watchdog

JANUARY 16, 2022

Court of Appeals for the Federal Circuit (CAFC) on Friday ruled that a California district court erred in its claim construction relating to Evolusion Concepts, Inc.’s s patent for a method of converting a semi-automatic rifle with a detachable magazine to one with a fixed magazine.

Patent 126

Patent Patent Infringement Litigation Intellectual Property 126

Patently-O

APRIL 19, 2022

In this case, the court only needed a few lines to reject Intel’s appeal: The Board adopted the claim construction for which Intel advocated. Yet, Intel now changes its position and advocates for a claim construction that is clearly inconsistent with its position before the Board. 4-19-2022_1938320 ]. What was Intel thinking.

Art 90

Art Patent 90

IP Watchdog

APRIL 4, 2022

The CAFC reversed the district court’s summary judgment decision because the district court erred in its construction of “input signal” and should have construed the term to mean “a signal having an audio or higher frequency.”. 6,219,730 (‘730 patent).

Technology 128

Technology Patent Patent Infringement Litigation 128

Intellectual Property Law Blog

NOVEMBER 7, 2023

This case addresses the ability of a petitioner in an IPR to present new evidence in a reply brief, particularly where the patent owner proposes a new claim construction in its patent owner response. Notably, the one-input construction would be satisfied by a prior art embodiment showing only one input value. Background Medtronic, Inc.

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Art Patent Branding Brands 264

Patently-O

NOVEMBER 2, 2023

by Dennis Crouch One of the ambiguities with contemporary claim construction is how courts deal with loosely implied limitations from the specification. With that narrow construction, the accused automated devices clearly did not infringe — and the patentee stipulated as such. As such, the proper construction is the full scope.

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Art Invention Patent Law 75