July 16, 2020

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.

Related Team:

Payton Hashemi

Of Counsel