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Claim Construction Can Be Determinative! - Patent

Two recent Federal Circuit decisions highlight that, whether construing claims at the district court or PTAB, the key to a proper claim construction is the patent's specification and that claim construction may determine a case outcome.

Federal Circuit Review - November 2022 | Knobbe Martens

Disclaimers Cannot Be Used Intra Proceeding for Claim Construction, Only in Subsequent Proceedings | Sterne, Kessler, Goldstein & Fox P L L C

The Federal Circuit recently held that a Patent Owner could not use disclaimers argued in an IPR proceeding for claim construction within the same IPR proceeding. In.

Federal Circuit Draws the Line of Disclaimers Binding Power | Rothwell, Figg, Ernst & Manbeck, P C

In the Federal Circuit’s recent decision of CUPP Computing AS v. Trend Micro Inc., the Court made the precedential holding that the Patent Trial and Appeal Board (“the Board”) is not.

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