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Posted On: 06/07/2018 10:14:31 AM
Post# of 82677
Analyze the import of how Ropes & Gray evaluated the thinking of the District court in the following excerpt while stating what the Federal Appeals Court allows or doesn't allow. Quote:
'This Court forbids treating one claim as representative where it does not include limitations found in other claims.
See Berkheimer v. HP Inc., 991 F.3d 1360, 1365-66 (Fed. Cir. 2018).
Accordingly, it is improper to determine eligibility of over 40 claims across three patents using a single claim that does not, at least in SecureAuth’s characterization, reflect meaningful limitations in other claims. At minimum, the court should have separately analyzed at least claim 1 of each Asserted Patent'[/b].
They used the term IMPROPER as the description of what occurred in the District court.
They also state that the Appeals Court FORBIDS it!!!!!!
WOW!!!
'This Court forbids treating one claim as representative where it does not include limitations found in other claims.
See Berkheimer v. HP Inc., 991 F.3d 1360, 1365-66 (Fed. Cir. 2018).
Accordingly, it is improper to determine eligibility of over 40 claims across three patents using a single claim that does not, at least in SecureAuth’s characterization, reflect meaningful limitations in other claims. At minimum, the court should have separately analyzed at least claim 1 of each Asserted Patent'[/b].
They used the term IMPROPER as the description of what occurred in the District court.
They also state that the Appeals Court FORBIDS it!!!!!!
WOW!!!
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