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Where Method Claim Steps Are Connected by “And,” a Covered Method Must Perform Each Step

SIERRA WIRELESS, ULC V. SISVEL S.P.A. Before Moore, Schall, and Taranto. Appeal from the Patent Trial and Appeal Board. The Board erred by finding method-claim steps connected by “and” to be conditional and by never...more

Every Word Counts: Specification Naming Conventions Can Limit Claim Scope

A patent’s specification established a naming convention that applied to terms in the patent’s claims. Microchip Technology filed an IPR, arguing all claims of HD Silicon Solutions’ patent were invalid. The challenged patent...more

A Patent Must Describe What Is Claimed, Not What Infringes

Before Lourie, Prost, and Reyna. Appeal from the U.S. District Court for the District of Delaware. Summary: A patent was not invalid for lack of written description for failing to describe the specific infringing embodiment...more

Resolving Claim Construction Dispute at 12(b)(6) Stage May Be Error if Specification Indicates Claim Term Does Not Have its Plain...

UTTO INC. v. METROTECH CORP. Before Prost, Taranto, and Hughes.  Appeal from the United States District Court for the Northern District of California. Summary: The district court erred in construing the claims at the motion...more

“Filtering” Appropriate Claim Construction Reasoning

SSI TECHS., LLC v. DONGGUAN ZHENGYANG ELECTRONIC MECHANICAL LTD. Before Reyna, Bryson, and Cunningham.  Appeal from the United States District Court for the Western District of Wisconsin. Summary: The district court...more

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