Addressing the proper construction for two claim terms construed by the Patent Trial and Appeal Board (PTAB) as part of related inter partes review (IPR) proceedings, the US Court of Appeals for the ...

An accused infringer in a district court case could not take advantage of a prior claim construction ruling from an inter partes review (IPR) proceeding involving unasserted claims of the same patent.

Claim construction is a process in which courts attempt to interpret the meaning and scope of the claims of a patent. It’s effectively reconstructing what an inventor and their practitioner meant back ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

We collaborate with the world's leading lawyers to deliver news tailored for you. Sign Up for any (or all) of our 25+ Newsletters. Some states have laws and ethical rules regarding solicitation and ...

A recent decision by an appeal court to reconsider principal claim construction issues could lead to the biggest changes in US patent litigation in the last decade. Steven Rizzi of Weil Gotshal & ...

In his Intellectual Property Litigation column, Lewis R. Clayton and Eric Alan Stone write: In the past two months, the Supreme Court handed down a significant patent-law decision establishing the ...

Consequently, even though harmonization of European patent law of claim construction has moved Europe toward a more claim-based approach that can be distinguished from the US-style doctrine of ...

“Despite the predominant role that claim construction plays in determining patent rights and cases, the Federal Circuit’s claim-construction precedents have proven wholly inconsistent—and its ...