News & Analysis as of

CAFC Precedential Opinion Claim Construction

Womble Bond Dickinson

Controversy over “Composition”: Federal Circuit Highlights Drafting Discrepancy

Womble Bond Dickinson on

In a precedential ruling that underscores the importance of consistency in claim drafting, the United States Court of Appeals for the Federal Circuit reversed a claim construction based on an improper interpretation of the...more

WilmerHale

Federal Circuit Patent Watch: District Court Errs by Turning a Matter of Claim Construction over to the Jury to Decide and by...

WilmerHale on

Precedential and Key Federal Circuit Opinions - LABORATORY CORPORATION OF AMERICA HOLDINGS v. QIAGEN SCIENCES, LLC [OPINION] (2023-2350, 08/13/2025) (Lourie, Dyk, Cunningham) - Lourie, J. The Court reversed the...more

Lathrop GPM

Federal Circuit Decision Highlights the Risks of Inconsistency from Provisional to Patent

Lathrop GPM on

In an August 1, 2025, precedential ruling (FMC Corporation v. Sharda USA, LLC, No. 24-2335 (Fed. Cir. Aug. 1, 2025)), the U.S. Court of Appeals for the Federal Circuit vacated a temporary restraining order granted by the U.S....more

Womble Bond Dickinson

Reminder: “Consisting essentially of” Is U.S. Patent Claim Language Needing Interpretation

Womble Bond Dickinson on

On June 30, 2025, the Federal Circuit issued a precedential opinion in Eye Therapies v. Slayback Pharma in which the court interpreted the transition phrase “consisting essentially of” to be a closed term excluding other...more

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