Bow bridge in Central park at spring sunny day, New York City

Appeal is too late to raise percolating claim construction dispute

July 18, 2025

The US Court of Appeals for the Federal Circuit affirmed a district court’s finding of noninfringement, concluding that the patent owner had improperly raised a claim construction issue for the first time on appeal – an argument not preserved at the district court level. Egenera, Inc. v. Cisco Systems, Inc., Case No. 23-1428 (Fed. Cir. July 7, 2025) (Prost, Taranto, Stark, JJ.)…
By: McDermott Will & Emery

Appeal is too late to raise percolating claim construction dispute

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