News & Analysis as of

Patent Trial and Appeal Board Disclaimers Patent Litigation

DLA Piper

What is a “Clear and Unmistakable” Prosecution History Disclaimer?

DLA Piper on

The Federal Circuit’s March 21, 2025 decision in Maquet Cardiovascular LLC v. Abiomed Inc. et al. (No. 2023-2045) and the recent Patent Trial and Appeal Board (PTAB) Delegated Rehearing Panel decision in SynAffix B.V. v....more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit: Statutory Disclaimer Results in No Case or Controversy

The Federal Circuit ruled that statutory disclaimer terminates the case or controversy between the parties in an infringement suit as to those claims, and immediately deprives the district court of the authority to take...more

Akin Gump Strauss Hauer & Feld LLP

Eastern District of Texas Judge Holds that Statements Made to PTAB Constitute Disclaimer

On September 9, 2017, an Eastern District of Texas magistrate judge issued a report and recommendation holding that a plaintiff was estopped from asserting its patent infringement claims because statements made in response to...more

Wilson Sonsini Goodrich & Rosati

The PTAB Review - June 2017

Escaping PTAB Review Through Strategic Disclaimer in CBM Proceedings - A patent is only eligible for covered business method (CBM) review if it: (1) claims a method or apparatus for performing data processing or other...more

McDermott Will & Emery

Patent Owner’s Disclaimers Results in IPR Institution Denial; Not an Adverse Judgment - FCA US LLC v. Jacobs Vehicle Systems, Inc.

McDermott Will & Emery on

Addressing the effect of disclaimed claims challenged in an inter partes review (IPR) petition, a panel of the Patent Trial and Appeal Board (the PTAB or Board) determined that challenged claims disclaimed prior to IPR...more

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