JD Supra

Bad Connection: Claim Construction Argument without Explanation Given No Weight

The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board (Board) obviousness decision after finding that the patent owner failed to explain how its cited extrinsic ...
Miami University

Supporting an Argument

Strong and thorough evidence supports an argument or "claim," providing explanation in the form of quotes, statistics, personal reflections, and observations, to name a few. Yet, just including a ...
JD Supra

Argument Forfeit in Remand Notwithstanding Modified Claim Construction

In the second appeal arising from an inter partes review (IPR), the US Court of Appeals for the Federal Circuit found that its revised claim construction from the first appeal did not permit the ...
Law

Eighth Circuit Revives Plaintiff's Civil Rights Claims, Excusing Forfeiture of Argument That Claims Were Timely Under the Federal-Holiday Rule

In Robinson v. Norling (No. 20-3302), a civil rights plaintiff had forfeited the argument that his claims, which had been dismissed at the Rule 12 stage as untimely, were in fact timely because the ...