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ARTICLE · 11 JANUARY 2023

Bad Connection: Claim Construction Argument Without Explanation Given No Weight

McDermott Will & Emery
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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...

United StatesIntellectual Property
Cecilia Choy, Ph.D.
Cecilia Choy, Ph.D.

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 evidence supported its proposed claim construction. Uniloc 2017 LLC v. Netflix, Inc., Case No. 21-2085 (Fed. Cir. Dec. 15, 2022) (Dyk, Taranto, Hughes, JJ.) (nonprecedential).

Uniloc owns a patent directed to a “more efficient” method for encoding videos by only coding at the pixel level when necessary and, where possible, reusing code for macroblocks in the background area. Netflix petitioned for inter partes  review of several claims in Uniloc's patent. The Board ultimately found the claims unpatentable as obvious. Uniloc appealed.

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