In an earlier post, we summarized ALJ McNamara’s recent Summary Determination in Certain UV Curable Coatings For Optical Fibers, Coated Optical Fibers, And Products Containing Same, Inv. No. 337-TA-1031, Order No. 33 (July 6, 2017).  The ALJ invalidated claims 16-18, 21, and 30 of U.S. Patent No. 7,706,659, because the recited term “molecular weight” was indefinite.

On August 7, 2017, the Commission reversed and vacated the determination.  An opinion is forthcoming.  We will provide an update when the Commission issues its public opinion.


The Commission’s decision to overturn summary determination highlights that such victories may be short lived.  Respondents who obtain summary determination on some but not all of the asserted claims should continue to seek discovery or risk being precluded from doing so on remand.

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Vishal Khatri is an intellectual property lawyer with more than 15 years of experience representing clients in high stakes, bet-the-company patent litigation and procurement matters around the world. He routinely represents clients in matters before U.S. district courts, the United States International Trade Commission (ITC), and the United States Patent and Trademark Office (USPTO), including Inter Partes Review (IPR) proceedings before the Patent Trial and Appeal Board (PTAB).

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