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Qualcomm Prevails At Federal Circuit Based On Lack Of Notice And Adequate Opportunity To Respond - Intellectual Property

The Federal Circuit Further Defines the Contours of the APA s Procedural Safeguards at the PTAB | Kilpatrick Townsend & Stockton LLP

The Federal Circuit Further Defines the Contours of the APA s Procedural Safeguards at the PTAB | Kilpatrick Townsend & Stockton LLP
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Judge Andrews Denies Defendant s Motion To Exclude Plaintiff s Expert Witness Testimony Relating To The Testing Of The Accused Infringing Products | Fox Rothschild LLP

Judge Andrews Denies Defendant s Motion To Exclude Plaintiff s Expert Witness Testimony Relating To The Testing Of The Accused Infringing Products | Fox Rothschild LLP
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Invalidity Challenges May Star Simple Words–Reading of Command Function Doomed Obviousness Dispute | Manatt, Phelps & Phillips, LLP

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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