Effects of Proximity, Plurals, and Passive Voice for Claim Construction In Apple Inc. v. Mph Technologies Oy, Appeal No. 21-1532, the Federal Circuit held that the proximity of concepts in a claim may link the concepts together and affect the plain meaning of the claim. Apple petitioned for inter partes... read more →
May
10
May
10
Courts Must Properly Apply the Presumption in the Means-Plus-Function Analysis In Dyfan, LLC v. Target Corporation, Appeal No. 21-1725, the Federal Circuit held that where a claim does not use the word “means” and the record contains unrebutted expert testimony that a person of ordinary skill in the art would... read more →
May
10
Contributors: Akin Gump Strauss Hauer & Feld LLP Inventor Declaration Excluded by PTAB Because Examination in Foreign Proceeding No Substitute for Cross-Examination by IPR Counsel by Thomas W. Landers IV & Rubén H. Muñoz Patent Trial and Appeal Board, Patent Litigation, Inter Partes Review Apr. 11, 2022 In two related... read more →
May
10
Contributors: Akin Gump Strauss Hauer & Feld LLP Future Tense in Contractual Language Found Insufficient to Convey Title, Depriving Party of Right to License Patent by Caitlin E. Olwell & Rubén H. Muñoz Federal Circuit, District Court, Patent Infringement Mar. 29, 2022 Applying recent Federal Circuit precedent requiring language evincing... read more →
May
10
Contributors: Akin Gump Strauss Hauer & Feld LLP Speculative Allegations Regarding Operation of Accused Website Doom Patent Infringement Complaint by Jonathan James Underwood & Rubén H. Muñoz District Court, Patent Infringement, 12(b)(6) Motion to Dismiss Mar. 16, 2022 A judge in the Northern District of Georgia has granted a defendant’s... read more →
May
10
Cancellation of Independent Claims in IPR Does Not Estop Doctrine of Equivalents Arguments for Surviving Dependent Claims by Jason Weil, Rubén H. Muñoz, Megan Mahoney (Law Clerk) Patent Trial and Appeal Board, Inter Partes Review, Doctrine of Equivalents, Eastern District of Virginia Jan. 31, 2022 A judge in the Eastern... read more →
May
10
Contributors: Akin Gump Strauss Hauer & Feld LLP In IPR, No Collateral Estoppel Based on § 101 Ruling in District Court by Karina J. Moy & Rubén H. Muñoz Dec. 17, 2021 Patent Trial and Appeal Board, 35 U.S.C. § 101 A panel of the Patent Trial and Appeal Board... read more →
May
10
by Frederic M. Douglas and James E. Hawes This column highlights some of the more notable recent online notices, newsletters, and blogs dealing with IP prosecution issues. Patently-O – a patent law blog – Patentlyo.com ▪ Deferring Subject Matter Eligibility Rejection Responses – A January 9, 2022 post describes a new... read more →
Dec
30
District Court’s Pleading Standard Returns an Error Code in PS4 Battle In Bot M8 LLC v. Sony Corporation Of America, Appeal No. 20-2218, the Federal Circuit held that the district court’s view that infringement allegations were not plausible because they tracked the claim language too closely presented an overly burdensome... read more →
Dec
30
Federal Circuit Holds That Art Teaches Away From Its Own Disclosure In Chemours Company Fc, LLC v. Daikin Industries, Ltd., Appeal No. 20-1289, the Federal Circuit held that a reference may teach away from modifying a particular embodiment to include features disclosed elsewhere in the same reference. Daikin requested inter... read more →