IP Blog

Claim Construction

Federal Circuit Affirms Summary Judgement Relating to Self-Optimizing Network Technology and Network-Based Navigation: Traxcell Techs., LLC v. Sprint Communs. Co. LP

In Traxcell Techs., LLC v. Sprint Communs. Co. LP, Nos. 2020-1852, 2020-1854 (Fed. Cir. Oct. 12, 2021), the Federal Circuit affirmed a district court that granted summary judgement in favor Defendants, Sprint and Verizon, in a suit relating to alleged infringement of four of Plaintiff’s, Traxcell’s, patents: U.S. Patents 8,977,284 (“the ’284 patent”), 9,510,320 (“the ’320 patent”), 9,642,024 (“the ’024...

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Prosecution Disclaimer Pitfalls

In Speedtrack, Inc. v. Amazon.com, Inc. (June 3, 2021), the Federal Circuit affirmed not only the district court’s findings relating to patent infringement, but also the importance of prosecution history when interpreting the claims. More specifically, the Federal Circuit affirmed a finding that Amazon.com et al. (“Amazon”) did not infringe U.S. Patent No. 5,544,360. The finding of infringement hinged on whether...

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Adjectives in Claim Construction

Comcast Cable Communications v. Promptu Systems Corporation (Fed. Cir., Jan. 4, 2021) is a nonprecedential opinion but nevertheless still provides an example of claim construction based on a modifying adjective.  The Appellant appealed the IPR final-written decision in which the PTAB held Appellant failed to prove that the challenged claims of US7,260,538 would have been obvious.  The claim term “command...

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