A hearing before the judge to determine the meaning of words in the patent claims. (The hearing is named for Markman v. Westview Instruments. This determination is known as “claim construction.” Claim construction is critical to defining the scope of a patent so that validity and infringement can be determined. Claim construction is reviewed by the Federal Circuit de novo (that is, without deference to the district court). As a result, district court claim construction decisions are reversed by the Federal Circuit 30-40% of the time.
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Step 1: Destroy IPR. Step 2: ??? Step 3: Profit.
Last week, the USPTO issued a Notice of Proposed Rulemaking (NPRM) containing major changes to the institution process for inter partes review. Combined with other changes made by the USPTO, inc...
Capable of Repetition, But Avoiding Review—USPTO New Regulation Not Reviewed By OIRA
The USPTO has put out a new NPRM, attempting to lock in place rules that were created without going through rulemaking in the prior Trump administration. While I have a lot to say about the substance...
John Squires Confirmed as USPTO Director, With Serious Work Ahead
Last Thursday, the Senate confirmed John Squires as Director of the U.S. Patent and Trademark Office (USPTO), advancing him alongside a slate of 47 other Trump Administration nominees in a single vote...