claim construction

“A” Fabric Member is Limited to Single, Continuous Member

The Federal Circuit broke from the typical open-ended construction of “a” to mean “one or more,” and instead limited “a” to mean “one single, continuous member” in the nonprecedential opinion for Wonderland Nurser… Read More

CAFC Finds Proposed Claim Construction Unsupported by Disclosure

The Federal Circuit in Steuben Foods, Inc. v. Nestle, Inc. (Appeal No. 2017-1290, Fed. Cir., decided March 13, 2018) rejected the patent owner’s claim construction as impermissibly restricting the claim term to a specific embodi… Read More

PTAB Claim Construction Results in Insufficient Evidence to Support Institution

In its Decision to grant institution of inter partes review in Apple Inc. v. Valencell, Inc. (IPR2017-01947, Decision dated Feb. 26, 2018), the PTAB construed the term “adjacent” to have a different meaning than that proposed… Read More

CAFC: “Reciprocate” and “Translate” are not Distinct Motions

In Smith & Nephew, Covidien v. Hologic, (Fed. Cir., 2018) the CAFC interpreted the claim phrase “simultaneously rotate, translate, and reciprocate” such that reciprocating includes a translating motion, but is not necessar… Read More

CAFC: “Injection Molded” is not Product-by-Process

In In Re: Nordt Development Co., the CAFC vacated the Board’s finding that the claim term “injection molded” was a product-by-process limitation that was not afforded patentable weight.  Claim 1 includes many instances of … Read More