Category Archives: Claim Interpretation

Federal Circuit Reaffirms Cybor Standard in Lightning Ballast Rehearing

On Friday, a narrow majority of the Fed. Cir. sitting en banc, reaffirmed that claim interpretation is a question of law, to be reviewed de novo upon appeal to the Fed. Cir. (A copy of the decision can be found below.) … Continue reading

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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

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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

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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

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