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Read more: Janssen Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc.
A presumption of obviousness is not automatically created by a prior art reference that discloses a claimed feature in an amount that overlaps a claimed amount of that feature. A full obviousness inquiry may be necessary when considering additional features of the claim that go beyond the claimed amount.
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Read more: Egenera, Inc. v. Cisco Systems, Inc.
The ability to argue for an alternative claim construction is waived on appeal when the appeal is directed to sufficiency of the evidence and does not argue that claim construction is necessary.
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Read more: Eye Therapies, LLC v. Slayback Pharma, LLC
The typical meaning of the phrase “consisting essentially of” can be modified by limiting statements made during patent prosecution which demonstrate how the inventor understood the invention.
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Read more: Ancora Technologies, Inc. v. Roku, Inc.
A license used to show objective indicia of nonobviousness does not require a showing of nexus with respect to the specific claims at issue, only to the patent as a whole. To establish nexus, a particular patent does not need to be the only patent being licensed.
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Read more: United Services Automobile Association v. PNC Bank N.A.
When determining whether a claim is directed to an abstract idea for Section 101 analysis, the focus is on the character of the claim as a whole rather than the specification to determine eligibility.
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Read more: Agilent Technologies, Inc. v. Synthego Corp.
Enablement analysis under Section 112 is distinct from enablement analysis for a prior art reference under Section 102. Non-working examples may be sufficient to enable a prior art reference as long as undue experimentation would not have been required to disclose the claimed feature.
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Read more: Dolby Lab’ys Licensing Corp. v. Unified Patents, LLC
The AIA does not create an informational right to know the identity of all real parties in interest in an IPR proceeding, such that the PTAB’s refusal to adjudicate this issue constitutes an injury in fact to confer Article III standing.
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Read more: Sigray, Inc. v. Carl Zeiss X-Ray Microscopy, Inc.
Claim construction may be performed implicitly when interpreting inherent disclosure of a prior art reference if the interpretation establishes the scope and meaning of a claim.
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