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Federal Circuit Vacates Invalidity Judgement Based on Collateral Estoppel from a Case Subsequently Vacated and Rebukes Plaintiff's About-Face on Its Stipulated Claim Construction | Sheppard Mullin Richter & Hampton LLP

In Finjan LLC, FKA Finjan, Inc. v. SonicWall, Inc., No. 2022-1048 (Fed. Cir. Oct. 13, 2023), the Federal Circuit vacated a summary judgement of invalidity based on collateral estoppel,...
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Justices Won't Consider Whether CAFC's Claim Construction Constitutes a Judicial Taking

The U.S. Supreme Court today denied a petition that asked it to consider whether the Federal Circuit’s “construction of petitioner’s patent claim was unforeseeable and unjustifiable under the circuit’s prior decisions,” thereby constituting a judicial taking of property.
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'A' Can have Different Meanings in Statutes

Supremely Confusing on That Complex Word “A”; Is It Only One or Is It One or More? Friday, June 11, 2021 A patent drafter’s selection of even the smallest of words, like “a,” may have a significant impact on how a claim is construed. Does “a” mean “at least one”? Or does it mean just “one”? As the case law we explore in this article indicates, it can be both! And as will be seen, recently a split Supreme Court muddled through over 40 pages to try to decide what �...
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