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Patent Invalidity Patent Prosecution Claim Construction

Knobbe Martens

Deleted Specification Portions Undermine Claim Construction

Knobbe Martens on

FMC Corp. v. Sharda USA, LLC - Before Moore, Chen, and Barnett. Appeal from the Eastern District of Pennsylvania. The district court erred by construing a claim term based on disclosures made in a provisional application and...more

McDonnell Boehnen Hulbert & Berghoff LLP

In re BAC IP B.V. (Fed. Cir. 2025)

A patent applicant dissatisfied by an patent examiner's rejection of that applicant's claims in ex parte prosecution has recourse by appeal to the Patent Trial and Appeal Board (PTAB) under 35 U.S.C. § 134, and to the Federal...more

Procopio, Cory, Hargreaves & Savitch LLP

The Continued Impact on Patent Prosecutors and Litigators of the Federal Circuit’s Expanded Treatment of Means Plus Function...

In a new precedential Federal Circuit decision, Kyocera Senco Industrial Tools Inc. v. ITC, that impacts both patent prosecutors and litigators, the court again demonstrated the reach of its recent expansion of language that...more

Quinn Emanuel

July 2019: Understanding the Unique Features of China’s Rapidly Expanding Patent System

Quinn Emanuel on

China is probably now the third most important (after the United States and Germany) venue for patent prosecution and enforcement, and it is critical for companies doing business there to understand how the system works....more

McDonnell Boehnen Hulbert & Berghoff LLP

News from Abroad: Canada's Federal Court Questions No File Wrapper Estoppel on Claim Construction

The Supreme Court of Canada in Free World Trust v Électro Santé Inc, 2000 SCC 66 rejected the use of extrinsic documents such as file wrappers (patent prosecution histories) for claim construction, on the basis that allowing...more

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