The Technology & Information Law Blog

Analysis by Charles Gideon Korrell

Tag: Rule of the Last Antecedent

  • Netflix v. DivX: When Grammar Determines Patent Claim Scope

    Netflix v. DivX: When Grammar Determines Patent Claim Scope

    Netflix, Inc. v. DivX, LLC presents a deceptively simple question of grammar that ultimately determined the fate of an inter partes review. In a precedential opinion authored by Judge Taranto, the Federal Circuit reversed the Patent Trial and Appeal Board’s claim construction, vacated its final written decision, and remanded for further proceedings. The court’s decision…