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Precedential Opinion Patent Prosecution Claim Construction

Womble Bond Dickinson

Reminder: “Consisting essentially of” Is U.S. Patent Claim Language Needing Interpretation

Womble Bond Dickinson on

On June 30, 2025, the Federal Circuit issued a precedential opinion in Eye Therapies v. Slayback Pharma in which the court interpreted the transition phrase “consisting essentially of” to be a closed term excluding other...more

Lathrop GPM

Federal Circuit Says Claim Cancellation Can Create Prosecution History Estoppel

Lathrop GPM on

In a July 18 precedential decision in Colibri Heart Valve LLC v. Medtronic CoreValve LLC, the U.S. Court of Appeals for the Federal Circuit overturned a $106 million jury verdict against Medtronic for infringement of a patent...more

Haug Partners LLP

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

Haug Partners LLP on

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

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (April 4 - 8): Claim Differentiation Carries The Day

Last week was argument week at the Federal Circuit, and we’ve already begun seeing decisions from the argued cases trickle in. Below we provide our usual weekly statistics and a detailed discussion of our case of the week—our...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (August 9-13): The Dangers of Relying Solely on Extrinsic Evidence for Claim Construction

Although things often slow down in Washington in the August heat and humidity, that wasn’t the case this past week for the Federal Circuit. All told, the Court issued 5 precedential opinions and ruled in 17 cases. Below we...more

Jones Day

Precedential: PTAB Considers § 314(a) Factors Even When Denying Under § 325(d)

Jones Day on

When exercising its broad discretion on whether to institute review, the PTAB is not limited to consideration of factors associated with the type of denial it ultimately issues. In a recent decision that the PTAB designated...more

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