Publications & Media

Federal Circuit Court Decisions For Week Ending March 13, 2020

Personalized Media Communications LLC v. Apple Inc., Case No. 2018-1936 (March 13, 2020) (precedential) (3-0); Patent No. 8,191,091

Key point(s):

  • Even where prosecution history statements do not rise to the level of unmistakable disavowal, they do inform claim construction.
Kaken Pharmaceutical Co., LTD. v. Iancu, Case No. 2018-2232 (March 13, 2020) (precedential) (3-0); Patent No. 7,214,506

Key point(s):

  • Express representations made by or on behalf of the applicant to the examiner to induce a patent grant, which include arguments made to convince the examiner that the claimed invention meets the statutory requirements of novelty, utility, and nonobviousness, are particularly useful for claim construction.