Federal Circuit Rejects PTAB’s Implicit And Incorrect Claim Construction Of “Between 1 And 10”

On May 23, 2025, the United States Court of Appeals for the Federal Circuit (“CAFC”) issued a precedential opinion reversing a final written decision from the U.S. Patent Trial and Appeal Board (“PTAB”) finding the challenged claims of U.S. Patent No. 7,400,704 not unpatentable. Sigray, Inc. v. Carl Zeiss X-Ray Microscopy, Inc., __ F.3d __ (Fed. Cir. May 23, 2025). In its decision, the CAFC concluded that the PTAB had implicitly and incorrectly construed claim language when considering the…
By: A&O Shearman