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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,...
District Courts Find PTAB Statements Constitute Disclaimer

District Courts Find PTAB Statements Constitute Disclaimer

by Carl Kukkonen | Jun 17, 2020 | Claim Construction

By Phil Shelton* and Carl Kukkonen – In Linksmart Wireless Tech., LLC v. Caesars Entm’t Corp., Case No. 2:18-cv-00862-MMD-NJK (D. Nev. May 8, 2020) the Court addressed disputed claim terms in U.S. Reissued Patent No. RE46,459 (the “’459 Patent”), Linksmart...
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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.