Fresh From the Bench: Latest Precedential Patent Case
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.”
Editors:
Nika Aldrich, IP Litigation Group Leader, Schwabe, Williamson & Wyatt, P.C.
Jason Wrubleski, Shareholder
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