Federal Circuit:  Patent Owner Claim Construction Arguments Untimely

Mealey's (February 27, 2020, 1:54 PM EST) -- WASHINGTON, D.C. — A divided Federal Circuit U.S. Court of Appeals on Feb. 25 upheld a ruling by the Patent Trial and Appeal Board in favor of an inter partes review (IPR) petitioner, agreeing that the patent owner’s advocacy for a “plain and ordinary meaning” construction of disputed patent claim term was presented to the board too late (Collabo Innovations Inc. v. Sony Corporation, No. 19-1152, Fed. Cir., 2020 U.S. App. LEXIS 5607)....