Archives: Claim Construction

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The Long Wait is Over: Review Standard on Appeal For Claim Construction is Now Clear Error

Today the U.S. Supreme Court handed down a significant decision impacting the appellate review of claim construction in patent infringement. In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Court held that that when reviewing a district court’s claim construction that includes underlying findings of fact, the Federal Circuit must apply a “clear error” standard of review … Continue Reading

Nautilus, Inc. v. Biosig Instruments, Inc.

The Supreme Court today overturned Federal Circuit precedent regarding the law of indefiniteness of patent claims. The Federal Circuit had previously held that a patent claim passes muster under 35 U.S.C. §112, (a) [previously ¶2] and is not indefinite so long as the claim is “amenable to construction,” and the claim, as construed, is not “insolubly ambiguous.” … Continue Reading

Cybor Rule for Claim Construction Remains Intact

Flip a coin for patent infringement outcome? That is what a lot of people—including federal district court judges—have thought, given that claim construction is solely a matter of law for judges to decide under the Cybor rule (taken from the 1998 Cybor Corp. v. FAS Technologies case). Claim construction pretty much determines the outcome of most patent litigation. So … Continue Reading
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