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is an Associate with Hoffman Warnick. Emily’s practice encompasses assisting with patent application preparation and prosecution. Her technical experience includes medical devices, chemical manufacturing, ceramics and semiconductor fabrication. Emily’s experience also includes patents related to medical imaging, medical implant coatings, electronics charging and fire-arms components.
For more information or to contact Emily, please visit her Firm Profile Page.
Two recent cases, The Medicines Co. v. Mylan, Inc and Skedco, Inc. v. Strategic Operations, Inc., illustrate that the patentee’s specification is key to determining whether an alleged infringer has practiced an alternative embodiment or a non-infringing invention… The specifications at issue in Skedco and Medicines took different approaches to the phrasing of example components, and thus led to different results against infringers. The CAFC in Skedco used several example embodiments in the specification to find infringement by a competitor who practiced the invention differently, yet consistent with the available examples. In contrast, the CAFC in Medicines found no infringement by a competitor who practiced a similar process due to a lack of examples and permissive language in the Specification. Through these cases, the CAFC provides two practices for broadening the possible construction of a patent’s claims.