Case ClIPs

Federal Circuit Holds That Even If No Explicit Claim Construction Took Place, If the Outcome of the Analysis of the Claim Term Establishes the Scope and Meaning of the Patented Subject Matter, Claim Construction Most Likely Occurred

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Federal Circuit Holds that a Claim Containing Both a Broad Limitation and a Narrower Limitation Within the Broad Limitation Is Not Indefinite, So Long as It Is Possible to Satisfy Both the Broad and Narrow Requirements

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The Federal Circuit Held that One-Off Statements May Not Limit Claim Interpretation On Their Own, but Must Be Viewed in Context as a Part of the Whole File

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The Federal Circuit Held that Mere Submission of Office Actions of an Unrelated (but commonly owned) Patent in an IDS Does Not Cause an Applicant to Adopt Statements in Those Office Actions, and is an Insufficient Basis to Limit Claim Scope.

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The Federal Circuit held that a lack of approximation language in a claimed range is not dispositive and may leave room for ambiguity which can require consideration of extrinsic evidence to determine the bounds of the claim.

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Federal Circuit holds that claim terms can be construed in reliance on their dictionary definition, when such construction is not inconsistent with the intrinsic evidence.

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Federal Circuit affirmed the ITC’s ruling that an open-ended claim may be construed to have a more limited, enabled scope, if the open-ended claimed range has an inherent upper limit.

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Federal Circuit Holds that Interference Proceedings Cannot be Applied to Pure AIA Patents and Applications

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Federal Circuit Holds that Use of Open-ended Terms in the Specification (e.g. “including”) Does Not Allow for Claim Construction Including Non-disclosed Embodiments

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Federal Circuit Explained that Introduction of “A” Claim Element Followed by Recitation of “Said” Characteristics of that Element, Requires at Least One Element Having all of the Recited Characteristics

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Federal Circuit Affirmed the PTAB’s Ruling that the Petitioner has the Burden of Proof to Show that a POSA Would Equate Features from the Prior Art to Claim Features

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Federal Circuit Affirmed the PTAB’s Ruling that Claim Terms Should Not be Limited to a Disclosed Preferred Embodiment and Clarified that the PTAB May Expand on a District Court’s Claim Construction Where Necessary to Resolve a Dispute

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Federal Circuit Holds that “Highly Persuasive” Evidence is Required to Read Claims as Excluding a Preferred Embodiment of the Invention

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Federal Circuit Clarifies Extent of Permissible Claim Amendments During IPR Proceedings

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Federal Circuit Holds that a Definition Incorporated by Reference Does Not Necessarily Have to Limit a Definition in an Asserted Patent for the Same Term When the Two Definitions Are Not Competing.

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Federal Circuit Holds that Although Infringement May Be Decided Based on Capability of Infringing the Claims, the Alleged Infringing Product Must Be Able to Perform the Function in the Claim

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Federal Circuit Clarifies Applicability of Patent Term Adjustment Based on Appellate Review

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Federal Circuit Affirms Product-by-Process Claims Must Be Distinguished by Structure and Function

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Federal Circuit Relies on Prosecution History to Resolve Ambiguous Claim Language

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Federal Circuit Construes the Conjunction “and” in a List as “and/or” in Light of the Specification

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Federal Circuit Affirms TTAB Ruling Regarding Priority of Mark, Likelihood of Confusion, and Intent to Use

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Federal Circuit Holds that the Onus is on the Challenger to Prove by a Preponderance of the Evidence that 35 U.S.C. § 112 ¶ 6 Should Apply When a Claim Does Not Use “Means” Plus Function Language

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Federal Circuit Holds that 35 U.S.C. § 112 ¶ 6 Can be Applied to Claim Terms Which Combine a Generic Placeholder with Purely Functional Language, Even Absent the Word “Means”

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Federal Circuit Holds Determining the Definiteness of a Claim Feature Should not be Limited to the Claim Language, Standing Alone

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