Tag Archives: Disclaimer

Court Cites Objects Of Invention In Claim Construction

Pacing Technologies, LLC v. Garmin International, Inc. is one of those Federal Circuit decisions that may send patent practitioners running to their files to double-check the phrasing used in their patent applications. Not only did the court decide that the preamble of a claim was limiting, it held that a relatively common patent drafting technique … 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