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Disclaimer Made in IPR Not Binding In Same Proceeding

Disclaimer Made in IPR Not Binding In Same Proceeding

by Sarah Geers | Jan 20, 2023 | Claim Construction, Federal Circuit Appeal

By Sarah Geers, Ashvi Patel, and Stephanie Mishaga – The Federal Circuit recently held, in Cupp Computing AS v. Trend Micro Inc., that a disclaimer in an inter partes review (IPR) proceeding is not binding on the USPTO in the same proceeding in which the...
Claim Construction Clash Leads to Invalidity Reprieve

Claim Construction Clash Leads to Invalidity Reprieve

by Matthew Johnson | Jun 3, 2022 | Claim Construction, District Court, PTAB News

By Anthony Bautista and Matt Johnson – In XR Communications, LLC v. D-Link Systems, Inc. Et. Al., a judge in the Central District of California found that certain asserted claims claiming to wireless communication technology were barred by the doctrine of...
PGR Eligibility: An Uphill Climb For Transition Patents

PGR Eligibility: An Uphill Climb For Transition Patents

by Matthew Johnson | Aug 31, 2021 | Claim Construction, Petitions, PGR, PTAB News

By Sue Gerber and Matt Johnson – A patent is eligible for post-grant review (“PGR”) only if the patent is subject to the first-inventor-to-file provisions of the AIA.  In Tricam Indus., Inc. v. Little Giant Ladder Sys., LLC, the PTAB explained that determining...
Black Box Structure Insufficient for MPF Element

Black Box Structure Insufficient for MPF Element

by Matthew Johnson | Aug 26, 2020 | Claim Construction, Trial Institution

By Marlee Hartenstein and Matt Johnson – In Samsung Elecs Co., Ltd., et al. v. Cellect, LLC, IPR2020-00474, Paper 14 (P.T.A.B. Aug. 17, 2020), the PTAB denied institution of U.S. Patent No. 6,982,740 (“the ʼ740 patent”), finding that the specification did not...
Balance is Key in Design Patent Claim Drafting

Balance is Key in Design Patent Claim Drafting

by John Evans, Ph.D. | Aug 10, 2020 | Claim Construction, Design Patents

By Clarissa Sullivan and John Evans The Patent Trial and Appeal Board recently designated as informative its decision instituting post-grant review and addressing the issues of design patent functionality in Sattler Tech Corp. v. Humancentric Ventures, LLC.  No....
Failure to Identify MPF Structure Tanks Petition

Failure to Identify MPF Structure Tanks Petition

by Matthew Johnson | Jul 1, 2020 | Claim Construction, Trial Institution

By Mike Lavine and Matt Johnson – On June 18, 2020, the PTAB denied an IPR petition because the Petitioner failed to sufficiently construe the means-plus-limitations of the challenged claims. Mattersight Corporation (“Mattersight”) owns the challenged patent,...
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