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Federal Circuit Holds That Statements Made In IPRs Can Lead To Prosecution Disclaimer, PTAB Litigation Blog

May 2017

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In Aylus Networks, Inc. v. Apple, Inc., No. 16-1599 (Fed. Cir. May 11, 2017) (Federal Circuit Op.), the Federal Circuit affirmed the district court’s decision that Apple did not infringe Aylus’s patents. See Aylus Networks, Inc. v. Apple Inc., No. 13-cv-04700-EMC, 2016 WL 270387 (N.D. Cal. Jan. 21, 2016) (District Court Op.). The district court’s decision rested, in part, on finding that Aylus had disclaimed certain embodiments in its preliminary response to Apple’s request for inter partes review.

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