In a recent decision, the Northern District of California decided that a patent owner’s submissions in an inter partes review constituted a prosecution disclaimer for claim construction purposes. Ann Robl In a recent decision, the Northern District of California decided that a patent owner’s submissions in an inter partes review constituted a prosecution disclaimer for claim construction purposes. Based in part on prosecution estoppel, the court found on summary judgement that the defendant did not infringe the patent. The court stated the following: [T]his distinction [of the claim terms] is confirmed by Aylus’s preliminary responses to Apple’s inter partes review petitions of the ‘412 patent and the PTAB’s adjudication of the petition. In this regard, Aylus’s statements are akin to a prosecution disclaimer. Under…
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