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Federal Circuit Affirms Intrinsic Evidence Trumps Extrinsic Evidence During Claim Construction

By Joseph M. Hallman

On October 13, 2020, in Immunex Corp. v. Sanofi-Aventis U.S. LLC, Genzyme Corp., and Regeneron Pharmaceuticals, Inc., the United States Court of Appeals for the Federal Circuit (“Federal Circuit”) affirmed-in-part and dismissed-in-part an appeal from the Patent Trial and Appeal Board (“PTAB”) holding that when it comes to claim construction, intrinsic evidence trumps extrinsic evidence. […]

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USPTO Director Andrei Lancu Takes a Look at Early Prosecution

This week, the USPTO Director, Andrei Iancu, testified before the House Judiciary Committee. In his written statement Director Iancu wrote on topics related to early prosecution that would result in lower costs to clients and would speed up the process of obtaining a patent. A new pilot program that will allow for a pre-search Examiner […]

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Broadest Reasonable Interpretation is NOT Broadest Possible Interpretation

In a decision by the Federal Circuit Court of Appeals last week, In re Smith International, Inc., the Federal Circuit reversed the Patent Trial and Appeal Board (“the Board”) decision affirming the Examiner’s rejections of some claims in an ex parte reexamination. The invention is directed to a downhole drilling tool for oil and gas […]

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Netlist v. Diablo Continues

    On July 25, 2017, the Federal Circuit released a nonprecedential opinion vacating the Board’s decisions and remanding for further proceedings because of erroneous construction of certain language. The Board had previously deemed claims 15-17, 22, 24, 26 and 31-33 of U.S. Patent No. 7,881,150 and claims 1, 16, 17, 24 and 30-31 of U.S. […]

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Court-Mandated Claim Limitation: The Complexity of Simplification

Patent cases often present many complex issues because a given case can feature a patent portfolio where each patent within the portfolio has a high number of litigable claims. One way district courts have attempted to increase the efficiency of patent litigation is through court-mandated claim limitation. When a case involves multiple parties and multiple […]

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Court-Mandated Claim Limitation: The Complexity of Simplification

Patent cases often present many complex issues because a given case can feature a patent portfolio where each patent within the portfolio has a high number of litigable claims. One way district courts have attempted to increase the efficiency of patent litigation is through court-mandated claim limitation. When a case involves multiple parties and multiple […]

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Court-Mandated Claim Limitation: The Complexity of Simplification

Patent cases often present many complex issues because a given case can feature a patent portfolio where each patent within the portfolio has a high number of litigable claims. Parties filing a patent suit on the basis of a patent portfolio and/or a large number of claims should be aware and prepared to respond to […]

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The Continuing Saga of the First IPR at the Federal Circuit

    The Federal Circuit has simultaneously issued an order and an opinion in In re Cuozzo Speed Technologies, LLC, previously discussed on Filewrapper® as being the first appeal arising from an inter partes review (“IPR‚¬) . The order issued by the Federal Circuit is a denial of the Petition for En Banc Rehearing to consider […]

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Teva v. Sandoz Revisited

Teva v. Sandoz Revisited On June 18, 2015, a Federal Circuit panel reaffirmed that the key claim of the patent at issue inTeva v. Sandoz, was invalid as indefinite. The procedural posture and technical background leading up to this decision is discussed in aprior blog post.  The Federal Circuit ultimately concluded that they are still […]

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Alternative Patent Reform Legislation Proposed in Senate

Even though the America Invents Act is just over 3 years old, patent reform legislation has arisen on several occasions over the past years. The most visible legislative efforts have involved the “Innovation Act” proposed by Senator Goodlatte in 2013, and again in 2015. The version of the Innovation Act introduced in 2013 stalled out […]

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