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Federal Circuit Affirms Despite Claim Construction Error

Federal Circuit Affirms Despite Claim Construction Error

by Matthew Johnson | Mar 25, 2025 | Claim Construction, Federal Circuit Appeal, PTAB News

By Alexa Grillis and Matt Johnson – The Federal Circuit upheld the PTAB’s decision deeming an integrated circuit connector patent unpatentable for obviousness, despite concluding that the Board’s claim construction was erroneous.  The Court also rejected a...
Federal Circuit Rules That Order Of Steps Sometimes Does Matter

Federal Circuit Rules That Order Of Steps Sometimes Does Matter

by Carl Kukkonen | Mar 11, 2025 | Amendment Practice, Claim Construction, Federal Circuit Appeal, PTAB News

By Simon Maxwell and Carl Kukkonen – Back in May of 2020, European patent-licensing company Sisvel filed a flurry of lawsuits against a dozen tech companies who had allegedly infringed Sisvel’s portfolio of wireless communication and networking patents.  A...
Petitioner Mistakenly Ignores Not-So-Optional Claim Limitation

Petitioner Mistakenly Ignores Not-So-Optional Claim Limitation

by Matthew Johnson | Nov 21, 2024 | Claim Construction, Evidentiary Issues, Expert Witnesses

By Jack Graves and Matt Johnson – The PTAB recently excluded a portion of Duration Media LLC’s (Petitioner) reply declaration for containing improper new evidence in an inter partes review petition filed against Rich Media Club LLC (Patent Owner) challenging all...
Director Vacates Decision Based on Improper Claim Construction

Director Vacates Decision Based on Improper Claim Construction

by Matthew Johnson | Oct 3, 2024 | Claim Construction, PTAB News, Trial Institution

By Hannah Mehrle and Matt Johnson – The PTAB denied institution of inter partes review reasoning that Petitioner did not demonstrate a reasonable likelihood that Petitioner would prevail in establishing the unpatentability of any of the challenged claims.  The...
PTAB Claim Construction May Be Binding In Later Litigation

PTAB Claim Construction May Be Binding In Later Litigation

by Matthew Johnson | Sep 4, 2024 | Claim Construction, District Court, Estoppel, PTAB News, PTAB Trial Basics

By Sue Gerber and Matt Johnson – In 2016, the Federal Circuit expressed doubt that claim constructions from the PTAB could give rise to estoppel in later litigation because “the [PTAB] applies the broadest reasonable construction of the claims while the district...
Federal Circuit Finds Application of Printed Matter Doctrine Too Expansive

Federal Circuit Finds Application of Printed Matter Doctrine Too Expansive

by Matthew Johnson | May 31, 2024 | Claim Construction, Federal Circuit Appeal, PTAB News, PTAB Trial Basics

By Chris Dorsett and Lisa Furby – During an inter partes review (IPR) initiated by Ingenico, the PTAB found certain claims from three patents held by IOEngine to be unpatentable. The patents at issue are directed to secure communications for portable devices...
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    The opinions expressed are those of the authors and do not necessarily reflect the views of Jones Day or its clients. The posts and information provided are for general information purposes and are not intended to be and should not be taken as legal advice.