Christopher Francis
Principal author, The Claims Interpreted Report

Eastern District of Texas Clarifies Distinction Between Claim Interpretation and Factual Findings

The Court in Dynocom Industries v. Mainline Automotive Equipment (Docket CV 00553-JRG-RSP, EDTX, Memorandum Opinion and Order dated July 15, 2017) found that a proper claim construction of “co-axially rotate” is “rotate on a… Read More

Lack of Written Description Support Leads CAFC to Invalidate

In TransPerfect Global, Inc. v. Joseph Matal, the CAFC affirmed the Board’s PGR rejection of the claims of US6,857,022 as invalid for lack of written description support.  The ‘022 patent discloses a method of obtaining a tra… Read More

CAFC: PTAB Claim Construction Violates Boundaries of BRI

In IPCom GMBG & Co. v. HTC Corp. (Fed Cir. 2017), the Federal Circuit vacated and remanded a finding of obviousness in an Inter Partes Reexamination because the PTAB’s claim construction went beyond the broadest reasonable i… Read More

Mass Spectrometry Method Not Patent Eligible in Ex Parte Appeal

The PTAB held that the claims in Ex parte Quimby, Appeal No. 2016-004681 (June 2, 2017) were directed toward unpatentable subject matter.  Of particular interest given the claim language, the Appellant was unsuccessful with argum… Read More

CAFC Affirms PTAB Construction of “Connected to a...Network”

Based on a plain and ordinary meaning – and the patentee’s clear statement in distinguishing prior art during prosecution – the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) finding of invalidity of patent… Read More

CAFC Rejects PTAB’s Interpretation of “Lateral, Trans-Psoas Path” in IPR

In In Re: Nuvasive, Inc., the CAFC vacated the PTAB’s Final Decision in an IPR because the PTAB misconstrued the broadest reasonable interpretation of the claim term “lateral, trans-psoas path.” By way of background, the pat… Read More

District Court Construes “Small Quantities” as a Definite Term

The term “small quantities of finely-divided liquid” was construed as being definite under §112, second paragraph, in the Markman order in Ecoservices, LLC v. Certified Aviation Services, LLC (CDCA; Docket CV 16-01824-RSWL-SP… Read More

PTAB Finds Reasoning for 103 Rejection Insufficient in Ex Parte Appeal

Citing KSR Inti Co. v. Teleflex Inc, the PTAB in Ex Parte Mattisson (Appeal No. 2016-004484, April 14, 2017) agreed with the ex parte Appellants and reversed the Examiner’s rejection based on insufficient rationale to support an… Read More

CAFC Vacates PTAB Decision Based on Claim Interpretation of "Aseptic"

The Federal Circuit, in Nestle USA v. Steuben Foods, vacated a decision by the Patent Trial and Appeal Board (PTAB) in an inter partes review (IPR) for an unreasonably broad interpretation of the term “aseptic.” Notably, where… Read More

Markman Construction of “Controller” in the District of Delaware

The order for the Markman construction in Avid Technology, Inc. v. Harmonic Inc. (DED, Docket 12-627) was issued on May 2, 2017. The case involves U.S. Patent No. 5,495,291 titled “Decompression system for compressed video data… Read More

Upcoming Webinar

The August webinar will feature a special guest, Stephen Dargitz, of Manion, Gaynor and Manning.  Stephen is a trial lawyer based in Wilmington Delaware, who with Thomas Bejin will discuss the impact of TC Heartland v. Kraft Foods along with partic…Register