On May 10, 2017 and following a Patent Trial and Appeal Board (PTAB) reexamination decision upholding certain claims, the United States Court of Appeals for the Federal Circuit ruled in Cisco Systems, Inc. v. Cirrex Systems, LLC that all of the appealed claims of a fiber optic patent held by Cirrex are invalid for lack of a written description support required by 35 U.S.C. § 112. The panel applied its own construction of a key claim term requiring that a recited functional limitation take place in a specific location which the specification failed to describe.
John is an experienced patent litigator with first chair trial and appellate experience before district courts and the Court of Appeals for the Federal Circuit. He has represented pharmaceutical, medical device, diagnostic, industrial equipment, and telecommunication companies, as well as universities. John also has experience before the Patent Trial and Appeal Board (PTAB) and Board of Patent Appeals and Interferences, including Inter-Partes Review (IPR) proceedings and interferences.