Written Description Too Attenuated For Patentability: Claims Lack Support

Addressing the Patent Trial and Appeal Board's (PTAB's) final determination in an inter partes re-examination, the US Court of Appeals for the Federal Circuit reversed the PTAB's determination that some claims were supported by the written description where the PTAB improperly altered the claim construction in connection with its written description analysis. The Federal Circuit found that under the proper construction, the record lacked substantial evidence to find written description support for the claims. Cisco Sys., Inc. v. Cirrex Sys., LLC, Case Nos. 16-1143; -1144 (Fed. Cir., May 10, 2017) (Chen, J). In addition, the appellant cross-appealed the PTAB's determination that the remaining claims lacked written description support. The Federal Circuit also affirmed that determination.