Category Archives: Claim Interpretation

Skinmedica, Inc. and, i.e., Disclaimer

The Fed. Cir. has been pretty hard on defendants alleging disclaimer of claim scope in recent decisions but that was not the case here. But what caught my attention is that Judge Prost spent four pages of his opinion on … Continue reading

Posted in Claim Interpretation | Tagged , , , , , , , , , | 3 Comments

Evidentiary, My Dear Watson; Biosig, Instruments v. Nautilus, Inc.

This is a guest post from Ronald Schutz of Robins, Kaplan, Miller & Ciresi. In Biosig, Instruments v. Nautilus, Inc., a unanimous panel of the Federal Circuit had little trouble deducing the definiteness of the patent at issue despite a … Continue reading

Posted in Claim Interpretation | Tagged , , , , , , , , , | Leave a comment

Saffran v. J&J – When Defining Equals Disclaiming

A guest post from Theresa Stadheim of Schwegman Lundberg & Woessner, P.A. In Bruce N. Saffran, M.D., Ph.D., v. Johnson & Johnson and Cordis Corporation, Appeal No. 2012-1043 (Fed. Cir. April 4, 2013, decision by Lourie), the Federal Circuit reversed … Continue reading

Posted in Claim Interpretation | Tagged , , , , , , , | Leave a comment

Federal Circuit Will Review Cybor Decision En Banc

On March 15th, in a long-awaited ruling, the Fed. Cir. vacated a panel holding reversing a lower court’s finding that disputed means-plus-function claims met the written description requirement. The Fed. Cir. asked the parties and amici (and there will be … Continue reading

Posted in Claim Interpretation | Tagged , , , , | Leave a comment