Posts Tagged: disavowal of claim scope


Intellectual Ventures v. T-Mobile: Summary Judgment of Non-Infringement Vacated Due to Incorrect Claim Construction

In claim construction analyses, the plain and ordinary meaning of a claim term will not be narrowed by statements in the prosecution history, unless those statements clearly …

Federal Circuit: Disparagement of Prior Art in the Specification Can Limit Claim Language

UltimatePointer argued that the district court improperly construed “handheld device” to require direct pointing, because there was no disavowal or lexicography in the specification to exclude indirect …

Patent Drafting: Getting the Broadest Supportable Claim Scope

'Broad' in this context means 'broadest supportable' coverage, limited only by the technology in terms of supportability and by the prior art in terms of outer reach. …
By Joseph Root
7 years ago 1

CAFC: Intervening Rights for Claims Unamended During Reexam*

I like writing about esoteric patent law topics and the question of “intervening rights” in reexaminations/reissues is one of the more esoteric. See my 1998 JPTOS article …
By Eric Guttag
10 years ago 0