Category: Claim Construction
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UPC may deem OPPO’s FRAND counterclaim against Panasonic inadmissible; order also discusses timeliness of claim construction arguments and amended claims
A new order by the UPC’s Mannheim Local Division discusses a FRAND rate-setting counterclaim by OPPO, the window for proposing amendments to the patent-in-suit and the requirement to make claim construction arguments early.
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UPC Court of Appeal leaves reliance on prosecution history for another day, affirms PI denial based on holistic claim construction
The Unified Patent Court’s Court of Appeal didn’t have to address the question of whether a patent’s prosecution history is relevant to claim construction, as it affirmed the Munich Local Division’s denial of a preliminary injunction on other grounds.
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Federal Circuit Judge Dyk on claim construction: apple on tree is not “secured” to ground through stem, trunk, roots
The assertion of a camera-related patent against a video conferencing company has raised an interesting claim construction question relating to the word “secured” (or “attached”).