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Is The PTAB Bound By A Previous Federal Circuit Claim Construction?

Is The PTAB Bound By A Previous Federal Circuit Claim Construction?

by David Maiorana | Mar 12, 2018 | Claim Construction, PTAB Trial Basics

By: Dave Maiorana In previous posts, we have discussed whether the PTAB and the district courts can reach different conclusions on the same issue.  (See Fed Circ Affirms Conflicting Invalidity Determinations from District Court and PTAB; Can PTAB and Courts Reach...
Five-Judge PTAB Panel Interprets “Module” As Non Means-Plus Function

Five-Judge PTAB Panel Interprets “Module” As Non Means-Plus Function

by Carl Kukkonen | Oct 2, 2017 | Claim Construction, Trial Institution

By Carl Kukkonen and Amanda Leckman On September 13, 2017, the PTAB, a five-judge panel, granted a petition to institute an inter partes review brought by HTC America, Inc. (“Petitioner”) against Virginia Innovation Sciences, Inc. (“Patent Owner”) regarding U.S....
PTAB Requires Identification of Structure for Function for Means-Plus-Function Terms

PTAB Requires Identification of Structure for Function for Means-Plus-Function Terms

by David Cochran | Aug 25, 2017 | Claim Construction

By Vishal Khatri and Dave Cochran In a decision dated August 17, 2017, the PTAB denied institution of Kingston Technology Company, Inc.’s petition requesting inter partes review of claims 1-3, 6-8, 11-15, 23-28, and 36-39 of U.S. Patent No. 6,088,802 (“the ‘802...
Federal Circuit Upholds Claim Construction – No Due Process Violations

Federal Circuit Upholds Claim Construction – No Due Process Violations

by Carl Kukkonen | Jun 7, 2017 | Claim Construction, Federal Circuit Appeal

By Stephanie Brooker and Carl Kukkonen On May 8, 2017, in Intellectual Ventures II LLC v. Ericsson Inc., 15-1739, the Federal Circuit affirmed the Patent Trial and Appeal Board’s (PTAB) inter partes review (IPR) claim constructions in a non-precedential decision. ...
Internet Advertising Claims Deemed Not Eligible for Covered Business Method Patent Review

Internet Advertising Claims Deemed Not Eligible for Covered Business Method Patent Review

by Carl Kukkonen | Mar 13, 2017 | CBMs, Claim Construction

By Vishal Khatri and Carl Kukkonen In a decision dated February 27, 2017, the Board denied institution of Google Inc.’s petition for Covered Business Method Patent Review of claims 20, 21, 23–26, 28, and 29 of U.S. Patent No. 6,128,651 (“the ’651 patent”) owned by...
Successful Rehearing of WesternGeco LLC v. PGS Geophysical- What Went Right?

Successful Rehearing of WesternGeco LLC v. PGS Geophysical- What Went Right?

by Carl Kukkonen | Feb 14, 2017 | Claim Construction, Request for Reconsideration

By Kamilah Alexander and Carl Kukkonen Conventional wisdom endorses the view that petitioning for a rehearing of a Patent Trial and Appeal Board (“Board”) final written decision is a waste of both attorney and client resources (i.e., time and money).  Does...
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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.