LexisNexis® Legal Newsroom
Patents Post-Grant: CAFC Again Considers Patent Reexamination Disclaimer

Disclaimer Results in Reversal of $56 Million Dollar Damage Award As previously discussed, the CAFC has agreed to reconsider Marine Polymer Technologies, Inc. v. HemCon, Inc. ( here ) en banc . The Court will reconsider whether or not intervening rights are created for a claim that is not literally...

Patents Post-Grant: Post Grant Petitions to More Closely Scrutinize Means Plus Function Claims

MPF Claim Interpretation Required to Initiate New AIA Proceedings In past posts I have pointed out that in analyzing requests for patent reexamination, Examiner's are trained to apply a Broadest Reasonable Interpretation (BRI) to patented claims. Unfortunately, over emphasis upon this standard...

Virginia Federal Court Holds Inventor Testimony Goes to Weight, Not Admissibility, in Construing Claim Terms

by Stan Hammer It is well-established that in construing the claims of a patent, courts must first look to the intrinsic record, including the language of the claims themselves, the written description, drawings, and prosecution history. Where the intrinsic record is ambiguous, courts may resort to...

Fitch Even IP Alert: Don't Get "Ahead of the Science" When Drafting Patent Claims, Says the Federal Circuit

by Michael E. Dukes . Last week, in Bayer Cropscience AG v. Dow Agrosciences LLC [ an enhanced version of this opinion is available to lexis.com subscribers ], the Federal Circuit held that the patentee "got ahead of the science" when it drafted its patent. Because the patent used an inaccurate...

Teva v. Sandoz & the PTAB

PTAB Claim Constructions Often Limited to Intrinsic Record On January 20, in Teva Pharmaceuticals USA, Inc., et al v. Sandoz, Inc. et al., ( here ) the U.S. Supreme Court reversed decades of CAFC precedent permitting de novo review of district court patent claim constructions [lexis.com subscribers...

CAFC Endorses Use of BRI in AIA Trial Proceedings

CAFC Decides First IPR Trial Appeal On Feb. 4, in In Re Cuozzo Speed Technologies, LLC , the Court of Appeals for the Federal Circuit (CAFC) decided that the broadest reasonable interpretation (BRI) construct was appropriate for interpreting patent claims in AIA trial proceedings. ( here ) As previously...