CAFC Chronicles

By: Josh Sloat

Costly Tales of Claim Construction Fails

In this month's podcast episode, we’re talking about costly tales of claim construction fails. This is the final episode in a three-part series focused on the fundamentals of patent claims and claim construction. Part one discussed the basics of claims and claim strategies. Part two laid down the essentials around claim construction. This final episode in the arc is a very practical application of it all, explored through three illustrative Federal Circuit Court of Appeals patent cases that are chock-full of actionable claim drafting insights. As you’ll hear today, the difference between getting this right and getting it wrong is the difference between a valid patent and an invalid patent – and millions of dollars awarded from infringement decisions vs. ending up with a worthless piece of paper. Life is too short, and legal bills are too costly to make all of your own mistakes, so fortunately for us and future selves, we get to learn these legal lessons vicariously.
​

In this month’s episode, Dr. David Jackrel, President of Jackrel Consulting, leads a discussion into three real-world applications for patent claim construction, as tested and decided upon by the United States Court of Appeals for the Federal Circuit (CAFC for short). This is the highest court in the land under the Supreme Court for handling intellectual property disputes – and establishes much of the legal precedent the patent world has to go on … for better and for worse. The panel dissects the claims for each case, discusses the court’s analysis, and provides tips and strategies for more effective claim drafting in light of the strengths and weaknesses of the litigated patents. 

​Dave is joined today by our always exceptional group of IP experts including:

• Dr. Ashley Sloat, President and Director of Patent Strategy at Aurora
• Kristen Hansen, Patenty Strategy Specialist at Aurora
• Ty Davis, Patent Strategy Associate at Aurora

Patent Quality Series Preview

It’s impossible to overstate the significance of these concepts in terms of crafting valuable, assertable, and defendable intellectual property rights. So much so that while this episode marks the final installment of our focus directly on claims, in the coming months, we will be building on the framework laid down by this arc to go much deeper and wider on what it means to create quality patents and how the decisions you’re making now could play out later not just in Article 3 courts like the CAFC, but also in venues like the PTAB and International Trade Commission when asserting or defending your claimed property rights.

Mossoff Minute: Price Control Mania

In this month's Mossoff Minute, Professor Adam Mossoff discusses the ill-advised price control mania presently sweeping the globe and its predictable impacts on free markets and innovation if we continue down the current path we’re precariously walking. ​We’re also publishing excerpts as short-form videos on Instagram Reels, YouTube Shorts, and TikTok.

How to Listen

Patently Strategic is available on all major podcasting directories, including Apple Podcasts and Spotify. We're also available on 12 other directories including Stitcher, iHeart Radio, and TuneIn, so you should be able to find us wherever you listen to podcasts.
​

Resources.

To further explore the topics discussed, see the following past episodes and resources:

Related Episodes

• Patent Claims: The Name of the Game
• Claim Construction: Building Strong Patent Foundations
• Patent Anatomy: What's in a patent?​

Related Reading

• Patent Anatomy: What's in a Patent?
• Patent Claim Punctuation Matters
• Witten Description and Enablement 

Aurora Hiring Links

• Biomedical Sciences Patent Agent. We are looking for a part-time Biomedical Sciences Patent Agent to help with patent portfolio management, application drafting, prosecution, and strategy.
• Patent Paralegal and Remote Office Hero. We are looking for a Patent Paralegal to help with patent portfolio and deadline management, patent application and prosecution filings, and business administration.​

Transcripts​
We're also providing computer-generated transcripts for improved accessibility and additional reference opportunities.

​​Slides
For the visual learners out there, we also like to make our presenter slides available for your reference.