Tag Archives: Section 112

Emphasizing Context in Claim Construction

August 21, 2024PatentClaim Construction, Federal Circuit, indefiniteness, IPR, obviousness, paid, patent litigation, patent prosecution, PTAB, Section 112Dennis Crouch

by Dennis Crouch

In Neonode Smartphone LLC v. Samsung Electronics Co., Ltd., the Federal Circuit has reversed Judge Albright's holding that claims of Neonode's US8095879 are invalid as indefinite. No. 2023-2304 (Fed. Cir. Aug. 20, 2024) (non-precedential). The appellate panel concluded that Albright failed to properly consider the full context of the intrinsic record, particularly the prosecution history.

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Federal Circuit Affirms Patent Rejection for Lack of Enablement in In re Pen

June 14, 2024PatentEnablement, paid, patent law, prior art, Section 112, unpredictabilityDennis Crouch

by Dennis Crouch

The Federal Circuit (CAFC) recently affirmed a USPTO enablement rejection -- holding that the patentee did not enable the "full scope" of the claimed invention. In re Pen, 23-2282 (Fed. Cir. 2024) (non-precedential). As an aside, the listed inventor's legal name is "The Pen;" first and last name respectively, with no middle initial. Based upon Pen's address, he is related to "The People's Email Network." In the case, Pen represented himself pro se.

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