Category Archives: Claim Construction

Bass’s First IPR Decision Rendered – Victory for Patent Owner, Shire Lpc

By Tom Engellenner If Kyle Bass’s Coalition for Affordable Drugs Series II hedge fund was hoping to reap a windfall from short positions in Shire Plc’s stock this week, it was dealt a major setback by a Patent Trial and … Continue reading

Posted in Anticipation/Obvious, Claim Construction, Final PTAB Decision, Inter Partes Review, PTAB Procedure | Tagged , , , , , , ,

CAFC Vacates a PTAB Decision Due To Faulty Claim Construction

By Reza Mollaaghababa In a rare case of disagreeing with the Patent Trial and Appeal Board (PTAB), the Court of Appeals for the Federal Circuit (CAFC) vacated and remanded a PTAB decision invalidating claims 10-25 of PPC Broadband, Inc.’s U.S. … Continue reading

Posted in America Invents Act, Anticipation/Obvious, Appeals, BRI Standard, Broadest Reasonable Interpretation, Claim Construction, Court of Appeals Fed Circuit, Federal Circuit, Inter Partes Review, PTAB Procedure, USPTO | Tagged , , , , , , , , , , , ,

Federal Circuit Affirms Invalidity Of A Merck Patent Based On Substantial Evidence Standard

The Federal Circuit will apply a relaxed standard for review of the Patent Office’s post grant patent review proceedings and will give a good deal of deference to PTAB “findings of facts.” Continue reading

Posted in America Invents Act, Anticipation/Obvious, Broadest Reasonable Interpretation, Claim Construction, Court of Appeals Fed Circuit, Covered Business Methods, Inter Partes Review, Post Grant Review, PTAB Procedure, USPTO | Tagged , , , , , , , , , , , ,

A Decision Not to Institute a Trial at the PTAB Does Not Carry Much Weight in Federal Court

By Tom Engellenner Two recent cases show that simply avoiding a post-grant review proceeding at the U.S. Patent Office’s Patent Trial and Appeal Board (PTAB) not only does not preclude a defendant in underlying patent infringement litigation in a federal … Continue reading

Posted in Anticipation/Obvious, Claim Construction, District Court, Instittion Decision, Trial Tactics, Uncategorized | Tagged , , , ,

Bass Goes Fishing: Troubles Ahead for Pharma?

By Tom Engellenner Note: This article is adapted from a longer guest post on Forbes.com last week. To view the Forbes article click here. Inter partes review (IPR) is a process established by Congress to permit defendants in patent infringement … Continue reading

Posted in America Invents Act, Anticipation/Obvious, BRI Standard, Broadest Reasonable Interpretation, Claim Construction, Instittion Decision, Inter Partes Review, PTAB Procedure, Trial Tactics, Uncategorized, USPTO | Tagged , , , , , , , , ,