Knobbe Martens litigation partner Irfan Lateef was quoted in the IAM article, “U.S. Federal Circuit Raises Stakes for Patent Claim Drafting in Satius Ruling,” discussing the importance of preparing patent claims that can survive enablement challenges during litigation.
The article examines the Federal Circuit’s recent decision in Satius Holding v. Samsung Electronics, in which the court held that Satius’ patent directed to transmitting electric or electromagnetic signals over air was invalid due to lack of enablement. In its opinion, the court maintained that the patent’s claim language encompassed a scientific impossibility, which could consequently not be enabled by a skilled artisan.
In his comments, Lateef emphasized that patent owners must carefully evaluate their claim language during the patent application process, as even a single word such as “or” can introduce challenges in future litigation. Speaking to Samsung’s success in raising the enablement issue on appeal, he suggested that defendants in patent litigation review asserted claims in detail, including where the language could encompass something scientifically impossible. “Satius provides useful authority for an enablement challenge even when the claim’s meaning is clear,” he added.
Read Lateef’s full comments in IAM [subscription required].