Intellectual Property Law

New Matter SPRING 2023, VOLUME 48, EDITION 1


Philip Eklem

Reichman Jorgensen Lehman & Feldberg LLP

This article discusses the Federal Circuit’s opinion in VLSI Technology LLC, v. Intel Corporation ("VLSI")1 and the case’s impact on the Patent Trial and Appeal Board’s ability to independently construe disputed claim terms during post-grant proceedings under the America Invents Act. The court held that it was not error for the Board to construe a disputed term based on its own analysis without explicitly adopting or analyzing a district court’s prior construction of the same term—which highlights an important aspect of the interplay between district court and PTAB proceedings. The court further held that because there was an active claim construction dispute between the parties, case law restricting Board decisions to arguments raised by the parties does not prohibit the Board from resolving the dispute based on reasoning not proffered by either party.


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