Jeffrey B. McIntyre

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Does Claim Construction For Patent Opinions Now Require a Crystal Ball? (Pavo Solutions, Part III)

USA - August 16 2022 In my first post about Pavo Solutions v. Kingston Technology a few weeks ago, I noted that the Federal Circuit rewrote claim language in the asserted…

Sure, A Court Can Rewrite Patent Claims. But Can It Change A Disclosure? (Pavo Solutions, Part II)

USA - August 8 2022 After discussing a court’s ability to rewrite patent claim language in view of the Federal Circuit’s decision in Pavo Solutions v. Kingston…

Can A Court Rewrite Claim Language During Claim Construction? If You Don't Ask For It, You'll Never Know (Pavo Solutions, Part I)

USA - August 3 2022 In Pavo Solutions v. Kingston Technology (June 2022), the Federal Circuit rewrote claim language in the asserted patent by changing the claim element…

Biogen v. Mylan Written Description - What Does The Federal Circuit's Decision Really Mean?

USA - December 8 2021 Following up on my post last week (Dec 1.), I have read commentary about how the Federal Circuit’s decision in Biogen v. Mylan was incorrect. Is it…

Biogen v. Mylan: Make Sure Your Patent Applications Cover Your Current R&D

USA - December 1 2021 Yesterday, in Biogen v. Mylan, the Federal Circuit ruled that claims in Biogen’s U.S. patent 8,399,514 (the ’514 patent) were invalid under 35 U.S.C…