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Another Example of Claim Differentiation

Claim differentiation was one factor that led the Federal Circuit to affirm the PTAB’s claim construction in the appealed IPR in Realtime Data, LLC v. Iancu (Fed. Cir., Appeal No. 2018-1154, decided Jan. 10, 2018).  This case also involves an interesting issue regarding obviousness and motivation to combine, and Dennis Crouch has summarized that issue on his blog at PatentlyO.com.  This quick post below focuses on the claim construction of the phrase “maintaining a dictionary.” By way of background, the opinion notes that “dictionary encoding is a form of lossless data compression that assigns a code word to a particular data string, maps that code word to an index, and replaces every matching data string with the corresponding code word…This assignment would be mapped to an index, or dictionary.” The independent claim at issue reads: 1. A method for compressing input data comprising a plurality of data blocks, the method comprising…

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Comments in the Spec that Override Claim Differentiation

In constructing a term in the independent claim in the inter parte review of Kranos Corporation v. Riddell, Inc., (Case IPR2016-01649, Final Written Decision on Feb. 7, 2018),  the Patent Trial & Appeals Board rejected the application of the doctrine of claim differentiation based on a clear definition of the term that was provided in the specification. The claim term at issue is “releasable coupler mechanism” in claim 1. In the decision to institute, the PTAB interpreted that term to mean “a coupler mechanism that does not employ a threaded connector, such as a screw, that is rotated to attach or detach a component, such as a face guard.” Dependent claim 2 recites the negative limitation that “the actuation force lacks a rotational component.” In the Final Written Decision, the PTAB initially indicated that this dependent claim suggested that, under the doctrine of claim differentiation, the construction of the phrase…

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Markman Order Broadens Claim Construction with Claim Differentiation

The Court construed “slidably interconnected” to include both direct and indirect connection based on claim differentiation in the Markman order in National Products, Inc. v. Arkon Resources, Inc. (Case No. C15-1984JLR, WDWA, Sept. 30, 2017) A representative claim is: 1. A mounting platform, comprising: first and second frame members being slidably interconnected along a first direction, at least one of the first and second frame members including a device mounting surface positioned relative to the first direction; one or more clamping members coupled to each of the first and second frame members, each of the clamping members including: a base portion structured for mounting on a surface of one of the first and second frame members, a clamping surface being spaced above and inclined toward the device mounting surface, and a jaw portion extending from the base portion at an angle between approximately 120 ions and 150 degrees, the clamping surface…

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Description of “The Invention” in Specification Limits Claim Construction

In the Claim Construction Order (dated September 18, 2017) in Gutterglove, Inc. v. American Die and Rollforming (Case 2:16-cf-02408-WHO, EDCA), the Court read a limitation from the specification into the claim construction of the claim element “corrugated with ridges” to match what was described as “this invention” in the patent specification.  Further, the Court held that a claim construction based on the specification’s description of the “this invention” also nullified the Doctrine of Claim Differentiation. This case is another reminder that a description of the “invention” should generally be avoided. Claims 1 and 2 of US9,021,747 read as follows: 1. A leaf preclusion system for a roof gutter having a gutter lip for keeping leaves and other debris out of the roof gutter while allowing water to pass thereinto, comprising: a sheet of fine mesh material; said sheet of fine mesh material having an upper edge adapted to be located…

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