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The US Court of Appeals for the Federal Circuit vacated a district court’s grant of summary judgment of noninfringement because the district court improperly narrowed a claim term during its construction. IQRIS Technologies...more
In re Cellect, LLC, Appeal Nos. 2022-1293, -1294, -1295, -1296 (Fed. Cir. Aug. 28, 2023) In a significant appeal from ex parte reexamination proceedings before the Patent Trial and Appeal Board, the Federal Circuit...more
This case addresses the construction of the articles “a” and “said” in relation to subsequently recited functions and whether “a” can be restricted to be singular in its meaning....more
Priority Claims Cannot Be Incorporated by Reference - In Vanda Pharmaceuticals Inc. v. West-Ward Pharmaceuticals International Limited, Appeal Nos. 2016-2707 and 2016-2708, the Federal Circuit held that when a patent for a...more
The recent Actelion Pharmaceuticals Ltd. case brought to light a little-known quirk in how national stage patent applications affect the length of one’s patent term. That case involved a drug company losing five days of...more
Intellectual Ventures I, LLC v. Ricoh Americas Corporation, et al., C.A. No. 13-474 – SLR-SRF, January 7, 2016. Sleet, J. Claim construction opinion issues regarding twenty three terms from three patents....more
Sleet, J. Claim construction opinion issues regarding one term from two patents. The following term was considered: - “treatment for HVC”...more
Custom Media Technologies LLC v. Comcast Cable Communications, LLC C.A. Nos. 13-1421LPS; Custom Media Technologies LLC v. Dish Network, LLC, C.A. No. 13-1424, August 10, 2015 - Stark, C. J. Claim construction opinion....more
Last week, Rep. Bob Goodlatte, Chairman of the House Judiciary Committee, released a 200-page Report on H.R. 9, "The innovation Act," introduced by Chairman Goodlatte with several co-sponsors earlier this year. The bill sets...more
Stark, C.J. Markman opinion issues regarding 11 groups of disputed terms from one patent. Claim construction argument was held on April 13, 2015, followed by supplemental briefing. ...more