The Federal Circuit's narrowing of the literal scope of patent claims by focussing on embodiments disclosed in the specification
Article Abstract:
The reluctance of the Federal Circuit to use extrinsic evidence to help interpret disputed claims as a reason for the patentee to describe an invention in detail in a patent claim rather than relying on broad terminology is discussed. Decisions in disputed claim cases decided by the Federal Circuit have started hinging on this matter.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 2000
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The scope of equivalents under 35 U.S.C. s. 112 para. 6 should vary depending on importance of the means-plus-function recitation to the invention as a whole
Article Abstract:
The author evaluates Federal Circuit's rulings on the scope of protection under patent law provided by the means-plus-function limitations in patent claims. The court's application of the test to means-plus-function recitations that are not at the point of novelty is criticized.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1999
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Armed and ready: defeating patent infringement claims by summary judgment
Article Abstract:
The author sets forth various grounds upon which a company accused of patent infringement can successfully move for summary judgment in a lawsuit. Recommendations on how to use summary judgment most effectively, based on trends in the Federal Circuit, are provided.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1999
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