is an associate in the Orange County, CA office of Knobbe Martens. Mr. Lozan represents clients in a variety of intellectual property law matters including preparation and prosecution of patent and trademark applications, portfolio management and strategic planning, post-grant proceedings, licensing, due diligence, enforcement, litigation support, and counseling.
For more information or to contact Mr. Lozan, please visit his Firm Profile Page.
Buried in the claim language, conditional limitations may be a vulnerability in an otherwise valuable claim. A conditional limitation is a claim feature that depends on a certain condition being present. For example, when or if condition X is present, feature Y is implemented or has effect. Without condition X, feature Y may be dormant or have no effect. Patent owners should be cognizant of possible conditional limitations implications because conditional limitations may affect claim validity and infringement as discussed below in the context of recent U.S. Patent Office and Federal Circuit cases. In Ex Parte Schulhauser, the Patent Trial and Appeal Board (“the Board”) held certain claims as unpatentable based on conditional limitations.