SWIPLit

Federal Circuit Remands Because PTAB’s Claim Construction Was “Unreasonably Broad”

The Patent Trial and Appeal Board (PTAB) administers post-grant patent proceedings under the America Invents Act. The PTAB has invalidated many patent claims, and has been referred to as a patent “death squad.” But a recent Federal Circuit decision reversed the PTAB’s holding that claims owned by Proxyconn, Inc., were invalid, delivering encouraging news to patent […]

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Supreme Court Gives District Courts More Power in Patent Claim Construction

On January 20, 2015, in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court reallocated power between federal district courts and the Federal Circuit in the patent claim construction process.  For many years, the Federal Circuit has reviewed all district court claim constructions de novo, without deference to the district court. Today, the Court held […]

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PS