PTAB Cannot Treat Pre-AIA Means-Plus-Function Limitations As Purely Functional Under the Broadest Reasonable Interpretation Standard

IPCOM GMBH & CO. v. HTC CORPORATION: July 7, 2017. Before Prost, Clevenger, Chen. Takeaway: Pre-AIA §112 ¶ 6 (means-plus-function) claim construction analysis requires that the Board not only identify the particular claimed function, but also identify the corresponding structure, material, or acts that perform that function in the specification. …

Federal Circuit Affirms Dismissal of Constitutional Challenge to First-Inventor-to-File Provision of America Invents Act for Lack of Standing

  Digest of MadStad Engineering, Inc. v United States Patent and Trademark Office, Nos. 2013-1511, 2013-1512 (Fed. Cir. Jul. 1, 2014) (precedential). On appeal from M.D. Fl. Before Newman, O’Malley, and Wallach. Procedural Posture: Plaintiff-Appellant MadStad appealed the district court’s dismissal of a constitutional challenge to the first-inventor-to-file provision of the …

Jury verdict findings that antihypertension drug was not “obvious to try,” that defendants were not entitled to a new trial, and that the plaintiffs had standing affirmed.

  Case: Sanofi-Aventis v. Glenmark, No. 2012-1489 (Fed. Cir. Apr. 21, 2014) (precedential) On appeal from the District of New Jersey. Before Circuit Judges Newman, Linn and Wallach. Judgments and rulings affirmed. Remanded for the accounting of any post-verdict damages. Procedural Posture: Defendant accused infringers appealed the district court’s judgment …