The importance of claim construction, and how construing the same term facing a challenge based on different prior art in separate inter partes review proceedings can result in contrary findings on invalidity, was illustrated by the Federal Circuit’s decision recently in Pacific Biosciences of California, Inc. v. Personal Genomics Taiwan, Inc….
By: McDonnell Boehnen Hulbert & Berghoff LLP
By: McDonnell Boehnen Hulbert & Berghoff LLP
