Background
Samesurf, Inc. owns United States Patent Number nine million one hundred eighty-five thousand one hundred forty-five, which relates to synchronized browsing sessions. The Patent Trial and Appeal Board conducted an inter partes review and issued a final written decision finding all claims of the patent obvious over prior art references. Samesurf appealed, arguing the Board erred in its claim construction of the term web browsing interaction data.
The court’s reasoning
The court reviewed the Board’s claim construction de novo. It found that the plain and ordinary meaning of web browsing interaction data encompasses all data related to web browsing interactions, including data resulting from host device interactions on partially filled webpages. The court noted that the patentee did not act as a lexicographer to redefine the term nor disavow its full scope. The specification did not support a narrower construction, and the patentee provided no evidence that the Board’s construction rendered the invention inoperable.
What it means going forward
The decision reinforces the Federal Circuit’s deference to the Patent Trial and Appeal Board’s claim construction in inter partes reviews and confirms that broad claim terms are not limited by specific embodiments in the specification absent clear disavowal.
Podcast (federal-narrative-summaries): Play in new window | Download