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CAFC: PTAB’s Claim Construction Analysis Improperly Relied on Extrinsic Evidence

IP Watchdog

On Wednesday, the U.S. Court of Appeals for the Federal Circuit (CAFC), with Chief Judge Moore writing for the court, vacated and remanded a Patent Trial and Appeal Board (PTAB) decision, stating the PTAB erred in construing the claims of Magseis’ U.S. RE45,268 (’268 patent). Seabed Geosolutions (US) Inc. Magseis FF LLC.

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CAFC Says PTAB Must Consider Petitioner’s Arguments Under New Claim Construction Presented Post-Institution

IP Watchdog

The court ultimately vacated the decisions and remanded to the PTAB to reconsider.

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CAFC Overturns Win for Nintendo Based on District Court’s Incorrect Claim Construction Analysis

IP Watchdog

The CAFC reversed the district court’s summary judgment decision because the district court erred in its construction of “input signal” and should have construed the term to mean “a signal having an audio or higher frequency.”. 6,219,730 (‘730 patent).

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CAFC Orders Review of Extrinsic Evidence to Determine Proper Limit of Claimed pH Range

IP Watchdog

The Federal Circuit remanded the case for further consideration of extrinsic evidence from chemistry textbooks to determine the proper meaning of the claim term “a pH of 13 or higher.” Mylan Pharmaceuticals Inc. vacating an infringement judgment against Mylan in the Northern District of West Virginia.

Evidence 105
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CAFC Nixes Philip Morris ITC Appeal for Failure to Raise Duty to Consult, Claim Construction Arguments

IP Watchdog

While much of the precedential decision deals with Philip Morris’ procedural and agency challenges to the ITC’s ruling, the Federal Circuit also rejected arguments that several patentability findings entered by the ITC were not supported by substantial evidence. The present appeal stems back to an ITC complaint filed by R.J.

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CAFC Clarifies Infringement Analysis and Vacates a Finding of Noninfringement for Hulu

IP Watchdog

On May 11, the United States Court of Appeals for the Federal Circuit (CAFC) affirmed the claim construction and decision of the United States District Court for the Central District of California to exclude evidence relating to damages but vacated its infringement determination and remanded a case alleging that Hulu, Inc.

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CAFC Vacates Netflix and Apple Losses at PTAB in Two Precedential Rulings

IP Watchdog

had failed to prove Corephotonics’ patent claims unpatentable as obvious, holding that the evidence supported a different claim construction than that adopted by the Board in one decision, and because the Board’s decision in the second inter partes review (IPR) violated the Administrative Procedure Act (APA).