USPTO DESIGNATES AS INFORMATIVE DECISION ADDRESSING INCONSISTENT CLAIM CONSTRUCTION POSITIONS IN IPR VERSUS DISTRICT COURT
Yesterday the USPTO designated as informative a decision in Tesla, Inc. v. Intellectual Ventures II LLC, IPR2025-00340 (Squires, Nov. 5, 2025) where Director JOHN SQUIRES vacated an inter partes decision and denied institution where the petitioner argued that the challenged claims were indefinite in district court but adopted the patent owner’s “plain and ordinary meaning” construction before the Patent Trial and Appeal Board. The decision explains that the fact that indefiniteness cannot be raised in IPR was insufficient to permit inconsistent claim constructions across forums because permitting such inconsistencies would undermine the objective of promoting predictability and certainty in the patent system.
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TODAY ON THE IP CHAT CHANNEL™: EMERGING ETHICAL ISSUES CONFRONTING IP LAWYERS
Join the IP Chat Channel™ today at 2:00pm ET for a webinar that will review recent case law from various jurisdictions and tribunals involving legal ethics issues for both outside and in-house counsel. After completing this session, participants will be able to:
- Spot ethical issues arising in patent practice through an exploration of case law
- Identify and ameliorate the potential risks associated with ethical issues
- Proactively avoid potential conflict of interest problems
- Understand the most recent jurisprudence on ethical issues such as inequitable conduct
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IP Chat Channel™ webinars are free for IPO members. Advance registration is required. CLE offered in most states.
SPONSOR THE DECEMBER 16 IPO EDUCATION FOUNDATION AWARDS CELEBRATION
Join IPO Education Foundation for the annual Awards Celebration on December 16, 2025, to celebrate innovation and IP. Support the work of IPOEF by becoming a sponsor! The event format provides opportunities for networking along with a range of sponsorship options to meet your branding and budget needs. The last day to become a sponsor is November 20. For questions about the event or sponsorship opportunities, please contact foundation@ipo.org.
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