Category Archives: Lessons In Hindsight

TQ DELTA, LLC. v. DISH NETWORK LLC, decided July 10, 2019, Claim Interpretation

U.S. Patent No. 8,611,404 is directed to sleep state in a multicarrier system (pages 2-3). “Without needing to reinitialize” was interpreted to provide for avoiding any one step of initialization, not just avoiding all steps (pages 9-10). The claim does not recite a previous or first initialization, so reinitialize was interpreted to be repeating the […]

CISCO SYSTEMS, INC. v. TQ DELTA, LLC., decided July 10, 2019, Claim Interpretation

U.S. Patent No. 8,611,404 is directed to sleep state in a multicarrier system (page 2). “Synchronization signal” appears only in the claims (page 4), and the specification describes a tone, referred to as a timing reference signal for synchronization (page 4). The specification also teaches frame synchronization (page 9). “Synchronization signal” was incorrectly interpreted to […]

QUAKE v. LO, decided July 10, 2010, Written Description

U.S. Patent No. 8,008,018 and Application Serial No. 12/393,833 are directed to detecting a chromosomal abnormality in fetuses using random massively parallel sequencing (page 2). The specification teaches four steps focused on targeted sequences (pages 4-5). Two paragraphs relate to massively parallel sequencing (page 6). One paragraph mentions use of technology in a published patent […]

IN RE: GLOBAL IP HOLDINGS LLC, decided July 5, 2019, Written Description

.S. Patent No. 8,690,233 is directed to vehicle load floors with sandwich-type composite panels with cellular cores (page 2). A reissue was filed to replace “thermoplastic” with “plastic” (pages 2-3). The specification only describes “thermoplastic,” yet a declaration indicated that other types of plastics are known for use in load floors and that the material […]

ELBIT SYSTEMS LAND AND C4I LTD v. HUGHES NETWORK SYSTEMS, LLC, decided June 25, 2019, Means-plus-function

U.S. Patent No. 6,240,073 is directed to a reverse link in satellite communications (pages 2-3). The claims recite a “communication means for continuous transmission of data” and a “switching means” (page 4). The accused products used burst and longer communications for large files that are too big for bursts, so substantial evidence is provided of […]

CELLSPIN SOFT, INC. v. FITBIT, INC., decided June 25, 2019, Statutory Subject Matter

U.S. Patent Nos. 8,738,794; 8,892,752; 9,258,698; and 9,749,847 are directed to connecting a camera to a mobile device to publish captured content to a website (pages 4-10). The dispute is over statutory subject matter in a motion to dismiss context. For step one, the claims are directed to the idea of capturing and transmitting data […]

UCB, INC. v. WATSON LABORATORIES INC., decided June 24, 2019, Equivalents

U.S. Patent Nos. 6,884,434 and 8,232,414 are directed to transdermal rotigotine with an absence of water and a polymorph of rotigotine (page 2). One claim recites a “matrix … based on []an acrylate-based or silicone-based polymer adhesive system” (pages 8-9). The accused product uses a polyisobutylene adhesive (page 9). The claims were not amended but […]

GAME AND TECH. CO., LTD. v. ACTIVISION BLIZZARD INC., decided June 21, 2019, Claim Interpretation

U.S. Patent No. 8,253,743 is directed to a game-item customized game character as a layered avatar (pages 2-4). “Gamvatar” was interpreted to be a combination of a conventional avatar with a game item function rather than a conventional gamvatar with a game item function (page 8). The dispute centered around whether the gamvatar is limited […]

FORUM US, INC. v. FLOW VALVE, LLC, decided June 17, 2019, Reissue Claiming

U.S. Patent No. RE45,878 is directed to holding workpieces during machining (page 2). The specification discloses only embodiments with arbors (pages 3-4). In the Reissue, the claims were broadened to include fixtures that do not use arbors – the arbor limitations of the original claims were removed (pages 4-5). To broaden claims in reissue, the […]

SAMSUNG ELECTRONICS CO., LTD. v. ELM 3D INNOVATIONS, LLC, decided June 12, 2019, Claim Interpretation

11 patents with 105 claims are directed to stacked integrated circuit memory (page 3). Each claim requires a “substantially flexible” semiconductor substrate or circuit layers (pages 5-6). The specification teaches grinding to a thickness less than 50 μm and then polishing or smoothing where the thinned substrate is now a substantially flexible substrate (page 8). […]