Category Archives: Claim Construction

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Federal Circuit To Reconsider De Novo Review Of Claim Construction

In a nonprecedential order issued March 15, 2013, the Federal Circuit granted rehearing en banc in Lighting Ballast Control, LLC v. Philips Electronics North America Corp., to consider the following questions: Should this court overrule Cybor Corp. v. FAS Technologies, Inc., 138 F.3d 1448 (Fed. Cir. 1998)? Should this court afford deference to any aspect of … Continue reading this entry

Federal Circuit Uses Dependent Claims To Construe "Therapeutically Effective Amount"

In Alcon Research, Ltd. v. Apotex Inc., the Federal Circuit held that most claims of Alcon’s patent were obvious in view of prior art that suggested the use of the recited active agent to treat the recited condition, but not by the recited mechanism of action, because the prior art used a concentration of active … Continue reading this entry

Federal Circuit Finds District Court Strayed Too Far When Construing Claims

In Advanced Fiber Technologies Trust v. J & L Fiber Services, Inc., the Federal Circuit reversed the district court’s claim construction that relied on extrinsic evidence and was inconsistent with the specification. Although the patent holder ultimately may prevail, a different claim strategy might have avoided the problematic claim construction.… Continue reading this entry

Federal Circuit Splits Over Claim Construction

In Retractable Technologies, Inc. v. Becton, Dickinson and Company, the Federal Circuit affirmed-in-part and reversed-in-part the district court’s finding that two of Becton, Dickinson’s retractable syringes infringed Retractable’s patents. The Federal Circuit found that one, but not both, of Becton, Dickinson’s syringes infringed the patents. For many, the conflicting approaches to claim construction espoused by Judge … Continue reading this entry

Claim Differentiation: The Weakest Link?

The recent Federal Circuit decision in ERBE Elektromedizin GMBH v. Canady Technology LLC serves as a reminder that the doctrine of claim differentiation generally will not be useful to support a claim interpretation that is contradicted by other claim construction tools. The Claims At Issue The technology at issue in ERBE relates to medical devices for argon gas-enhanced electrosurgery. … Continue reading this entry