Navigating the CAFC decision in SuperGuide v. DirecTV in federal courts and the PTAB
  • Presenters: Alex Gelberg, Principal, Fish & Richardson, and Mike Amon, Principal, Fish & Richardson
  • Date: Thursday, November 21, 2024
  • Time: 6-7 networking with food and drinks; 7-8 presentation
  • Location: Fish & Richardson P.C., 12860 El Camino Real #400, San Diego, CA 92130

This presentation will qualify for 1 hour of General CLE credit.

The Federal Circuit’s 2004 decision in SuperGuide Corp. v. DirecTV Enters., Inc. defined the plain and ordinary meaning of the phrase “at least one of” followed by a series of elements separated by “and.” In the subsequent two decades, the decision has been applied in District Courts and at the Patent Trial and Appeal Board. Understanding how the decision has been distinguished in various cases provides practitioners with helpful insights for navigating the same (or similar) language.

On November 21, please join Fish & Richardson Principals Alex Gelberg and Mike Amon to learn how to use the SuperGuide decision to navigate claim construction issues in federal courts and the PTAB. Alex and Mike’s presentation will cover:

  • A detailed analysis of the SuperGuide decision and its applications
  • Guidance on using the same or similar language described in the decisions
  • Recent Federal Circuit decisions that cited SuperGuide and confirmed that it is still good law
  • Tips for practitioners on assessing claim construction in view of SuperGuide

Patent litigator Alex Gelberg was recently recognized as a 2024 Leader of Influence in Law by the San Diego Business Journal. Mr. Gelberg helps his clients protect their innovations in U.S. district and appellate courts across the country, the U.S. International Trade Commission, and the U.S. Patent and Trademark Office.

Patent litigator Mike Amon has been regularly recognized in the Best Lawyers in America guide (2018-2025). Mr. Amon helps large multinational companies across industries defend and prosecute intellectual property rights at trial and on appeal.