Category Archives: Claim Interpretation

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

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Brilliant Instruments v. GuideTech – Doctrine of Equivalents on Review

Contributed by Theresa Stadheim of Schwegman Lundberg & Woessner In Brilliant Instruments, Inc., v. Guidetech, LLC, Appeal no. 2012-1018 (Fed. Cir. February 20, 2013) (a copy can be found at the end of this post), a panel of the Federal … Continue reading

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Supreme Court Grants Cert. in Microsoft v. i4i.

Today, the Supreme Court granted Microsoft’s petition for cert. in Microsoft v. i4i. Microsoft asked the Supreme Court to answer the question of whether or not a defendant who asserts patent invalidity based on art not considered by the Patent Office … Continue reading

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ABBOTT LABS. v. SANDOZ, INC. – ONE RULE FITS ALL?

Or “what’s sauce for the goose is sauce for the gander”? Posts and pens have been busy reporting that the Federal Circuit, en banc, overruled Scripps v. Genentech, and ended the debate over whether a product-by-process claims should be construed … Continue reading

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