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Claim construction deference, the right to amend in IPRs, standards-essential patent damages and Ariosa – last week at the Federal Circuit

Peter Leung, Washington DC


The Federal Circuit had a busy week, handing down decisions on a number of hot-button issues including the proper standard of review for claim construction, the right to amend a claim in IPRs, whether SEP royalties must be calculated using the smallest saleable unit and constitutional challenges to IPRs. The Court also denied a petition to rehear the controversial Ariosa case

Ariosa v Sequenom – en banc denied The Court declined to rehear en banc the hotly debated Ariosa v Sequenom decision, which many practitioners have cited an example of the detrimental effect that the Mayo test has had on innovation...


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