Disavowal of the Full Scope of a Claim Term Requires the Patentee to Demonstrate an Intent to Deviate from the Ordinary and Accustomed Meaning of the Claim Term In Intellectual... read more →
The Board’s Final Written Decision Must Address All Grounds for Unpatentability Raised in a Petition for Inter Partes Review In Adidas AG v. Nike, Inc., Appeal Nos. 2018-1180, 2018-1181, the... read more →
Claims Without the Term “Means” Are Presumed to Not Be Means-Plus-Function Claims, However the Presumption Is Rebuttable In Zeroclick, LLC v. Apple Inc., Appeal No. 2017-1267, the Federal Circuit held... read more →
A Plaintiff Requesting Disgorgement of Profits as a Remedy for Trade Secret Misappropriation does not have a 7th Amendment Right to a Jury Based Solely on the Request for Disgorgement... read more →
USPTO Has Standing to Defend Appeal From Inter Partes Reexamination In Knowles Electronics LLC V. IANCU, Appeal No. 1954, the Federal Circuit determined that the USPTO has standing to intervene... read more →
Federal Circuit Affirms PTAB’s Claim Construction That Is in Accord With Prior Federal Circuit Construction In Knowles Electronics LLC v. Cirrus Logic, Inc., Appeal No. 2016-2010, the Federal Circuit upheld... read more →
Documents Incorporated by Reference in Their Entirety Are Not Limited by Later Potentially Limiting Statements In Paice LLC v. Ford Motor Company, Appeal Nos. 2017-1387, -1388, -1390, -1457, -1458, the... read more →
Extrinsic Evidence May Be Used to Interpret an Anticipating Reference In Monsanto Technology LLC v. E.I. Dupont De Nemours, Appeal No. 2017-1032, the Federal Circuit held that extrinsic evidence can... read more →
Redundant Ground in an IPR Was Not Outside the Instituted Grounds In CRFD Research, Inc. v. Matal, Appeal No. 2016-2198, the Federal Circuit held that the Board erred in performing... read more →
Fractured Federal Circuit Holds Patent Owner Does Not Bear Burden of Persuasion in IPR Motions to Amend In Aqua Products, Inc. v. Matal, Appeal No. 2015-1177, the Federal Circuit, sitting... read more →