IPWatchdog - Federal Circuit Is Hesitant to Construe Patent Claims in the First Instance on Appeal

September 3, 2019. An winning appellate decision at the Federal Circuit handled by BJC on behalf of client MyMail Inc. is discussed here at the IPWatchdog website. A PDF of the article is available here.

The Federal Circuit held that the district court's failure to address a claim construction dispute before dismissing the case based on Section 101 -- patentable subject matter -- was in error. The case was reversed and remanded to the district court.