Category Archive: Federal Circuit Determination

Dec 22

Unreasonable Claim Construction Causes PTAB Reversal

  In a fairly case-specific claim construction analysis, the Federal Circuit reversed the PTAB today in D’Agostino v. Mastercard, Int’l, 2016-1592, -1593 (Fed. Cir. Dec. 12, 2016), finding that the Board erred in determining the challenged claims to be unpatentable because, as a matter of logic, the prior art could not anticipate or render those claims. The patent …

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Nov 14

Board Eschews Federal Circuit Claim Construction in Granting IPR Trial Requested by Google

In concise decision, Google was able to get 9 challenged claims of a Whitserve patent into a trial for inter partes review in a case styled as Google, Inc. v. Whitserve LLC (IPR2013-00249), involving U.S. Pat. No. 6,981,007. The ‘007 patent relates to a “system for backing up data stored on a central computer over …

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