Fresh From the Bench: Latest Precedential Patent Case

N
Nika Aldrich
Schwabe Williamson & Wyatt
December 18, 2023PTAB1 min read

Contributed by Schwabe Williamson & Wyatt. Originally published on Patexia; republished here as part of the LexDana archive.

CASE OF THE WEEK

ParkerVision, Inc. v. Vidal, Appeal No. 2022-1548 (Fed. Cir. December 15, 2023)

In its only precedential patent decision last week, the Federal Circuit addressed both a claim construction issue and a procedural issue concerning inter partes review proceedings.  As to the claim construction issue, the Court offered an extensive analysis concerning when a patent owner has provided its own, binding definition of a patent term through lexicography in the patent.  As for the latter issue, the Court considered the permissibility of replies and sur-replies that address new claim constructions offered for the first time in a patent owner response brief.

The patent at issue is a well-litigated one concerning wireless local area networks (WLANs).  Among its claim terms is a “storage element.”

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Editors:

Nika AldrichIP Litigation Group LeaderSchwabe, Williamson & Wyatt, P.C.

Jason WrubleskiShareholder

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Data: FDA Orange & Purple Books · prosecution & litigation metadata · read-only.