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Disclaimers Apple

Latham & Watkins LLP

Patent Owner Statements During IPR May Limit Claim Scope

Latham & Watkins LLP on

Federal Circuit holds that patent owner’s statements can trigger prosecution disclaimers. On May 11, 2017 in Aylus Networks, Inc. v. Apple Inc., the Federal Circuit addressed for the first time whether statements made...more

McDermott Will & Emery

Repeated Disparagement of the Prior Art in the Specification Can Operate as a Clear and Unmistakable Disavowal of Claim Scope -...

McDermott Will & Emery on

Addressing issues of claim construction, the United States Court of Appeals for the Federal Circuit affirmed the district court’s narrow construction based on a disclaimer in the specification. Openwave Systems, Inc., NKA...more

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