Claim Construction
A construction analysis is simply an exercise in interpreting the language of the patent in order to give it sense or meaning. More typically, it is an exercise in interpreting the language of the claims of the patent.
June 30, 2022
2022 FCA 118: The appeal court saw no reason to interfere with a trial court decision that favoured MEG Energy in its ongoing patent dispute with inventor Jason Swist.
March 16, 2022
Patent drafters should take the time to consider the “why” behind drafting choices. There is no “right” or “wrong” way here, only the need to be mindful.
February 24, 2022
The US CAFC ruled that an examiner is a "person of ordinary skill in the art" and is owed an appropriate level of deference.
March 26, 2021
2021 FC 85: The Federal Court upheld the validity of all claims, but found that PetroChina was not infringing Maoz Betser-Zilevitch's patent for an SAGD.
February 16, 2021
PAB 1556: Canada’s Patent Appeal Board reconsidered Mr. Choueifaty’s patent application for a computer-implemented method of managing portfolio assets.
February 1, 2021
2021 FCA 7: The FCA narrowly interpreted section 53.1 of the Patent Act, refusing to look at a corresponding US application that was not named by number.
September 23, 2020
2020 FC 837: A recent decision spells the end to the problem-solution approach, which has long been used to block patent applications for software.
September 10, 2020
Fed. Cir. 2019-1622: The CAFC found the same preamble created different limitations for different patents, limiting one patent but not the other.
June 18, 2020
In a patent infringement case between two major ice skate manufacturers, the Federal Court clarified s. 53.1 and the admissibility of prosecution history.
March 9, 2020
2020 FCA 30; 2020 FCA 31 – Janssen and Celltrion will return to court in June after the FCA overturned a lower court decision regarding a Remicade patent.