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 owners. The Federal Circuit held that the PTAB’s claim construction was “unreasonably broad,” which lead to the PTAB invalidating certain claims of Proxyconn’s patent in an inter partes review (IPR). The Federal Circuit reaffirmed the PTAB’s “broadest reasonable interpretation” standard for construing claims in IPRs, but   Read More »

Posted in Patent Litigation, Post Grant Proceedings | Tagged , ,

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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 that the Federal Circuit must find clear error before overturning a district court’s resolution of an underlying factual dispute during claim construction. After the Court’s decision in Markman v. Westview Instruments (1996), the Federal Circuit’s Cybor Corp. v. FAS Technologies, Inc. (1998) decision announced the   Read More »

Posted in Patent Litigation | Tagged , ,

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