Fed. Circ. Warned Indefinite Ruling Will Cause 'Endless' Fights

Law360 (March 6, 2020, 4:10 PM EST) -- Prisua Engineer Corp. has urged the full Federal Circuit to reevaluate a panel’s decision ordering the Patent Trial and Appeal Board to address whether certain indefinite claims Samsung is facing a $4 million verdict for infringing are also obvious or anticipated, saying it will “generate endless, wasteful litigation.”

The Federal Circuit has held for decades that claims have to be construable in order to decide whether they’re invalid based on prior art, and a precedential Feb. 4 decision suddenly deviating from that precedent shouldn’t be allowed to stand, Prisua said Thursday.

“The decision will generate endless, wasteful litigation going forward as...

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