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ARTICLE · 27 JULY 2018

Claim Constructions Under The Broadest Reasonable Interpretation Standard Must Be Reasonable

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On July 13, 2018, the Federal Circuit reversed the PTAB's finding that claims 1-5 and 11 of U.S. Patent No. 8,651,118 ("the '118 Patent") are anticipated by U.S. Patent No. 4,148,330 ("Gnaga") ...

United StatesIntellectual Property
Jones Day
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David Cochran
David Cochran
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On July 13, 2018, the Federal Circuit reversed the PTAB's finding that claims 1-5 and 11 of U.S. Patent No. 8,651,118 ("the '118 Patent") are anticipated by U.S. Patent No. 4,148,330 ("Gnaga") and Japanese Application No. 61-10102 ("Hoshino"). See TF3 Limited v. Tre Milano, LLC, __ F.__, slip op. (Fed. Cir. 2018). The Federal Circuit criticized the PTAB's claim constructions as unreasonably broader than the specification. Under the correct claim construction, the Federal Circuit found the claims are not anticipated.

First, the Federal Circuit considered the claim limitation "the length of hair can pass through the secondary opening." The specification provides:

It is arranged that the abutment 52 in its open position allows the styled length of hair to pass out of the secondary opening 50, i.e., to slide along the elongate member 20 towards and subsequently off its free end. Little force is required to separate the hair styling device 10 from the length of hair

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