by David Cochran | Jul 23, 2018 | Claim Construction, Federal Circuit
By: David E. Anderson[1] and Dave Cochran On July 13, 2018, the Federal Circuit reversed the PTAB’s finding that claims 1-5 and 11 of U.S. Patent No. 8,651,118 (“the ’118 Patent”) are anticipated by U.S. Patent No. 4,148,330 (“Gnaga”) and Japanese Application No....
by Marc S. Blackman | Jun 7, 2018 | Claim Construction, Federal Circuit, PTAB Trial Basics
By: Marc S. Blackman Whether a claim is indefinite under 35 U.S.C. § 112 is analyzed under different standards by District Courts and the PTAB. District Courts apply the standard articulated by the Supreme Court in Nautilus requiring a patent’s claims, viewed in...
by David Cochran | May 29, 2018 | Claim Construction, PTAB Trial Basics
By: Sanjiv Laud and Dave Cochran The PTAB’s recent decision denying rehearing in United Microelectronics Corp. v. Lone Star Silicon Innovations LLC, IPR2017-01513, Paper 10 (PTAB May 22, 2018) sheds light on the Board’s practice under 37 C.F.R. 42.108(c), which holds...
by Jones Day's PTAB Team | May 8, 2018 | Claim Construction, PTAB News
By: Rich Graham and Matt Johnson Today, the USPTO issued a press release announcing a Notice of Proposed Rulemaking for Claim Construction Standards used in PTAB Proceedings.[1] The rule proposed by the Office would change the prior policy of using the Broadest...
by Jones Day's PTAB Team | Mar 16, 2018 | Claim Construction, Estoppel, Federal Circuit, PTAB Trial Basics
By: Rich Graham and Matt Johnson On March 13, 2018, in Nestlé USA, Inc. v. Steuben Foods, Inc., 2017-1193 (Fed. Cir. Mar. 13, 2018), the Federal Circuit confirmed that collateral estoppel may preclude the need to revisit an issue that had already been resolved against...
by Joseph Beauchamp | Mar 13, 2018 | Claim Construction
By: Mike Lavine and Joe Beauchamp process step in product claims Whether a process step in product claims is afforded patentable weight has been an issue gaining more attention recently. The Federal Circuit weighs in on the topic in In re Nordt Dev. Co., LLC, No....
