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In
Comcast Cable Communications, LLC v. Promptu Systems Corp.,
1 the Federal Circuit held that the plain meaning of the claim phrase “command function” was limited to functions that command an action to be taken. The meaning of this claim phrase turned out to be a focal point, and Comcast lost its invalidity challenge to the claims as a result of this interpretation.
Comcast filed a petition for
inter partes review (IPR) of U.S. Patent No. 7,260,538 (the ’538 patent) on the grounds that the contested claims would have been obvious in view of two prior art references U.S. Patent No. 6,513,063 (Julia) or U.S. Patent No. 7,013,283 (Murdock) alone or in combination with U.S. Patent No. 5,774,859 (Houser). The Patent Trial and Appeal Board (Board) instituted review and issued a final-written decision in each IPR. The Board rejected Comcast’s interpretation of the claim language “command function” as unreasonably broad. Since Comcast’s contentions were based on its reje
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This article explores the effect of the pandemic on patent trials. Early in the COVID-19 pandemic, rapidly shifting conditions, state and federal guidance, and many unknowns forced federal district courts to adapt their procedures. Courts faced the task of balancing the safety all involved in the case, including court staff, witnesses and lawyers, with concerns over fairness and access to justice.
COVID-19 Procedures by Jurisdiction
District courts with significant patent dockets, such as the U.S. District Courts for the District of Delaware, Northern District of California, Eastern District of Texas and Western District of Texas, all issued COVID-19 governing procedures that followed three basic steps.