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Category: Claim vitiation


Claim term construed by construing different term in specification deleted from claim
May 12, 2008
Post by Blog Staff
In a decision last week, the Federal Circuit affirmed-in-part and vacated-in-part a district court's summary judgment of noninfringement based on a revised claim construction of two claim terms. The court, in somewhat of a departure from its typical practice, also construed one additional term that appeared likely to be relevant on remand, but which did not form the basis for the summary judgment ruling.Whil.......
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District court's claim construction too narrow, but noninfringement finding affirmed anyway
May 07, 2008
Post by Blog Staff
In a decision yesterday, the Federal Circuit held that a district court construed a claim limitation too narrowly. However, even under the broader construction, summary judgment was still appropriate, because there was no genuine issue of fact that the accused method still did not practice that element, either literally or under the doctrine of equivalents. PSN Illinois (PSN) owns a patent relating to a method .......
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Application of doctrine of equivalents to range limitation in claim does not vitiate the limitation
November 05, 2007
Post by Blog Staff
In a decision Friday, the Federal Circuit affirmed a district court's claim construction, but reversed its rulings regarding the sufficiency of notice of infringement and the applicability of the doctrine of equivalents. Regarding sufficiency of notice under 35 U.S.C. 287(a), the court held that while the patentee did not mark its products, its notice of infringement via letter was sufficient where the patent.......
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Federal Circuit issues short opinion on claim construction, even shorter mention of claim vitiation
May 02, 2007
Post by Blog Staff
The Federal Circuit today issued a brief, five-page opinion regarding claim construction and infringement issues relating to a patent on insulated shipping containers. The court affirmed the lower court's claim construction and, as a result, affirmed the summary judgment of noninfringement.The court also dispensed with the doctrine of equivalents in a single sentence, making indirect reference to claim vitia.......
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"Critical" ratio in claim does not get the benefit of the doctrine of equivalents
January 19, 2007
Post by Blog Staff
Today's lesson from the Federal Circuit: be careful not to make a claim limitation "critical," or you may lose the benefit of the doctrine of equivalents for that element. The court found that the claimed weight ratio of two drugs was critical in part because other claims recited a range of ratios, but the claim at issue simply recited a specific ratio, "about 1:5." The court stated that permitting infringement.......
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Showing a strong Spine, the Federal Circuit addresses the Doctrine of Equivalents
November 21, 2006
Post by Blog Staff
In DuPuy Spin, Inc. v. Medtronic Sofamor Danek, Inc., the Federal Circuit concluded that the district court erred in granting summary judgment of non-infringement on Medtronics Vertex? model with regards to U.S. Patent No. 5,207,678 (the '678 patent). Additionally, the Federal Circuit concluded that the district court's judgment of non-infringement for Medtronics bottom-loaded screw device was proper and that the.......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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