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In ParkerVision v. Vidal, the PTAB Relies on a Patent Incorporated by Reference to Arrive at a Different Claim Construction than...

On December 15, 2023, a Panel of the U.S. Court of Appeals for the Federal Circuit affirmed a Patent Trial and Appeal Board’s obviousness decision in ParkerVision, Inc. v. Vidal.1 At issue in this appeal was whether the Board...more

Federal Circuit Emphasizes the Importance of Prosecution History in Resolving Ambiguous Claim Terms in University of Massachusetts...

On June 13, 2022, the Federal Circuit issued a precedential opinion that vacated the district court’s judgment of indefiniteness, deciding that the ruling was based on an erroneous claim construction. The patents-in-suit...more

Federal Circuit Clarifies the Willful Infringement Standard and Provides Insights on Conduct That is Exceptional in SRI v. Cisco

The Federal Circuit in SRI Int’l, Inc. v. Cisco Sys., Inc., No. 20-1685, slip op. (Fed. Cir. Sep. 28, 2021) addressed the standards for willful infringement and enhanced damages, and provided insights on litigation tactics...more

USPTO Updates Indefiniteness Standard in AIA Post-Grant Proceedings to Match Those of the District Court Under Nautilus

On January 6, 2021, the United States Patent and Trademark Office (“USPTO”) published a Memorandum that changed the indefiniteness analysis under 35 U.S.C. §112 that the Patent Trial and Appeal Board (“PTAB”) applies in...more

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