No. 18-222

EMED Technologies Corporation v. Repro-Med Systems, Inc.

Lower Court: Federal Circuit
Docketed: 2018-08-21
Status: Denied
Type: Paid
Tags: administrative-procedure claim-construction constitutional-amendment digital-claim due-process inter-partes-review patent patent-claim-construction patent-law-procedure review-procedure standard-of-review takings
Key Terms:
DueProcess Takings Patent Trademark
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Whether the PTAB erred in applying the Texas-Digital claim construction standard rather than the Phillips standard

Question Presented (OCR Extract)

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?

Docket Entries

2018-10-29
Petition DENIED.
2018-10-03
DISTRIBUTED for Conference of 10/26/2018.
2018-09-28
Reply of petitioner EMED Technologies Corporation filed.
2018-09-19
Brief of respondent Repro-Med Systems, Inc. in opposition filed.
2018-08-16
Petition for a writ of certiorari filed. (Response due September 20, 2018)

Attorneys

EMED Technologies Corporation
William Peterson Ramey IIIRamey & Schwaller, LLP, Petitioner
William Peterson Ramey IIIRamey & Schwaller, LLP, Petitioner
Repro-Med Systems, Inc.
James G. SawtelleSherman & Howard, Respondent
James G. SawtelleSherman & Howard, Respondent