Category Archives: Claim Interpretation

Lightning Ballast II – Judge Lourie Tries to Get to “The Facts of the Matter”

After reading all 88 pages of this very scholarly opinion which left patent law right where it was post-Cybor – no matter how much weight the parties and amici felt stare decisis deserved – I went back and read Judge Lourie’s concurrence. It is mercifully … Continue reading

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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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