EMED Technologies Corporation v. Repro-Med Systems, Inc.
DueProcess Takings Patent Trademark
Whether the PTAB erred in applying the Texas-Digital claim construction standard rather than the Phillips standard
QUESTION PRESENTED 1. Given the clear error standard for reviewing factual determinations made by the PTAB!, is it error for the PTAB to not adhere to the Fhi/iips claim-construction standard in construing claims? 2. Given the clear error standard for reviewing factual determinations made by the PTAB, is it error for the PTAB to apply a standard in construing claims? 3. Is it error for the PTAB to consult dictionaries to construe claim terms, without explaining why the claim term could not be construed by reference to only intrinsic evidence, as the construction potentially becomes a taking, because the construction on appeal is reviewed for clear error and not de novo? 4. Given that patents are private property rights subject to the public rights doctrine, is the invalidation of one or more Claims of a patent with a filing date before the institution of the inter partes review procedure at the Patent Trial and Appeal Board an impermissible taking? 5. Given that patents are private property rights subject to the public rights doctrine, is the invalidation of one or more Claims of a patent with a priority date before the institution of the inter partes 1U.S. Patent Trial and Appeal Board. ii review procedure at the Patent Trial and Appeal Board an impermissible taking?