Category Archives: Claim Interpretation

Fed. Cir. Panel Holds that Judge Dyk Erred in Construction of Antibody Claims

Posted on August 31, 2020 by Warren Woessner

Recently, in the appeal of a noninfringement opinion by Judge Dyk, riding circuit in D. Del., a three Judge panel of Judges Moore, Plager and Wallach held that Judge Dyk erred in his overly narrow construction of the claim terms … Continue reading →

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PTO Proposes to Change Claim Construction Standard Used by PTAB

Posted on May 8, 2018 by Warren Woessner

On May 9th, the USPTO released a short “Notice of proposed rulemaking” entitled “Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board.”  In brief the Notice proposes to replace the broadest … Continue reading →

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Aptalis Fails to “Surround’ Apotex’s Generic ER Tablet

Posted on January 10, 2018 by Warren Woessner

Although non-precedential, Aptalis Pharmatech, Inc. v. Apotex, Inc., Appeal No. 2017-1344 (Fed. Cir., January 4, 2018) provides a useful outline of Phillips-type claim construction and requires a close reading to see why the infringement finding by the district court was … Continue reading →

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Ali v. Carnegie Institution of Washington – Where Did Ali Go Off the Rails?

Posted on November 9, 2017 by Warren Woessner

In view of the IP hornets’ nest stirred up by Judge Bryson’s ruling in Allergan and the St. Regis Mohawk Tribe v. Teva Pharm. Inc., Case No. 2:15-cv-1455-WCB (E.D. Tex. , Oct. 16, 2017), which may or may not have … Continue reading →

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