Authors: Kate Leonard*
Editor: Caitlin O’Connell & Lily Robinson
Tuesday, August 8, 2017
EmeraChem Holdings v. Volkswagen Group of America, No. 16-2619, Courtroom 201
In this appeal from the PTAB, the Court will decide whether the Board erred in adopting a claim construction in its Final Written Decision that differed from the claim construction explicitly adopted in its Institution Decision. EmeraChem argues that the Board’s “change of theory midstream” deprived it of notice and an opportunity to address the new claim construction. Volkswagen argues that there is no fixed deadline by which a claim term must be finally construed. Volkswagen further argues that the Institution Decision signaled that the Board’s construction could potentially change since EmeraChem did address Volkswagen’s claim construction in its Preliminary Response.