News & Analysis as of

Apple Appeals Claim Construction

Jones Day

Federal Circuit: RPI Arguments Must First Be Raised at the PTAB

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Apple Inc., et. al v. Gesture Technology Partners, LLC (March 4, 2025) (Moore (Chief Judge), Prost and Stoll) (on appeal from the Patent Trial and Appeal Board) [WAIVER; OBVIOUSNESS] ....more

McDermott Will & Emery

Count On It, Plural Term Means More Than One

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The US Court of Appeals for the Federal Circuit affirmed Patent Trial & Appeal Board (Board) patentability decisions after determining that the Board did not err in construing multiple terms within the challenged patents....more

Knobbe Martens

Effects of Proximity, Plurals, and Passive Voice for Claim Construction

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APPLE INC. v. MPH TECHNOLOGIES OY - Before Moore, Prost, and Taranto. Appeal from Patent Trial and Appeal Board. Summary: The proximity of concepts in a claim may link the concepts together and affect the plain meaning...more

McDermott Will & Emery

Federal Circuit Sends iPhone Patent Dispute Back for Third Damages Trial

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Considering numerous claim construction, infringement and damages issues related to patents allegedly covering Apple’s iPhones 5 and 6 series technology, a panel of the US Court of Appeals for the Federal Circuit determined...more

McDermott Will & Emery

Joined Parties Have Rights Too

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In vacating an unpatentability decision by the Patent Trial and Appeal Board (Board), the US Court of Appeals for the Federal Circuit found that the rights of a joined party to an inter partes review (IPR) proceeding applies...more

McDermott Will & Emery

A Decision on Appeal Is Final . . . Mostly

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In the latest round of the Apple/VirnetX saga, the US Court of Appeals for the Federal Circuit held to its precedents in determining when 35 USC § 317(b) estoppel is triggered against inter partes re-examinations. VirnetX...more

Knobbe Martens

Federal Circuit Review - April 2019

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Just Because Something May Result From a Prior Art Teaching Does Not Make it Inherent in that Teaching - In Personal Web Technologies, LLC v. Apple, Inc., Appeal No. 2018-1599, the Federal Circuit clarified that the mere...more

Knobbe Martens

Federal Circuit Review - April 2018

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Broadest Reasonable Interpretation Encompasses All Embodiments in the Absence of Support Specifically Excluding an Embodiment - In Steuben Foods, Inc. v. Nestle USA, Inc., Appeal No. 2017-1290, the Federal Circuit...more

McDermott Will & Emery

Interpretation of Means-Plus-Function Claim Limitations

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Addressing claim construction issues in connection with “means-plus-function” limitations, the US Court of Appeals for the Federal Circuit affirmed the district court’s decision to uphold a non-infringement verdict based on a...more

Knobbe Martens

Statements Made in an IPR Can Lead to Prosecution Disclaimer

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The Federal Circuit held that statements made by a patent owner in an IPR, whether before or after institution, can be considered during claim construction in district court litigation and relied upon to support a finding of...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Our report includes discussions of six of the precedential cases decided in the past week and will include the other three cases in next week’s report. In Aylus v. Apple, the panel finds prosecution disclaimer in a...more

Jones Day

Federal Circuit Vacates and Remands to PTAB Because of Insufficient Analysis of Obviousness in IPR

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In a unanimous opinion issued on February 14, 2017, a three-judge panel of the Federal Circuit vacated the Board’s obviousness determination in Apple’s inter partes review against PersonalWeb and remanded for further...more

Foley & Lardner LLP

Federal Circuit Knocks Out Patents After CBM Challenge

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Apple successfully invalidated three patents for failure to recite patent eligible subject matter. Apple, Inc. v. Ameranth, Inc., 2015-1792, 2015-1793 (Fed. Cir. 2016). The patents relate to synchronous communication systems...more

McDermott Will & Emery

Claim Differentiation Doctrine Does Not Overcome Construction Dictated by Written Description or Prosecution History **WEB ONLY**

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Addressing the application of the claim differentiation doctrine in claim construction, the US Court of Appeals for the Federal Circuit affirmed the district court’s construction, finding that the doctrine of claim...more

McDermott Will & Emery

Exclusive Recitation of Specific Device in Specification Limits Claim Term

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Addressing issues of claim construction, the US Court of Appeals for the Federal Circuit affirmed a limiting construction of a claim term where the specification exclusively used the disputed term in the limited fashion. GPNE...more

McDermott Will & Emery

Indirect Infringement Not Overcome by Objective Strength of Non-Infringement Case

Addressing indirect infringement and claim construction issues, the US Court of Appeals for the Federal Circuit reversed the district court on three of the four patents at issue, finding that it applied the wrong standard for...more

McDermott Will & Emery

A Combination Is Not Obvious If It Is Beyond the Level of Ordinary Skill in the Art, and Other Lessons - MobileMedia Ideas LLC v....

Addressing issues of obviousness and claim construction, the U.S. Court of Appeals for the Federal Circuit provided several important lessons in significantly modifying the district court judgment. MobileMedia Ideas LLC v....more

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