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Summary Judgment Scope of the Claim

Knobbe Martens

Specification’s Narrow Description of the Invention Results in Disavowal of Claim Scope

Knobbe Martens on

TECHTRONIC INDUSTRIES CO. LTD. v. ITC - Before Lourie, Dyk, and Wallach. Appeal from the U.S. International Trade Commission. Summary: Consistent description in the specification of a particular embodiment as the...more

Knobbe Martens

Patentee’s Lexicography Negates Infringement Despite Defendant’s Use of Claim Term in Product Literature

Knobbe Martens on

PLASTIC OMNIUM ADVANCED INNOVATION AND RESEARCH V. DONGHEE AMERICA, INC. Before Reyna, Newman, and Clevenger. Appeal from the U.S. District Court for the District of Delaware. Summary: The patentee’s lexicography of...more

McDermott Will & Emery

When Distinguishing Statements May Be Considered Disclaimers of Claim Scope

Addressing disclaimer of claim scope, the US Court of Appeals for the Federal Circuit affirmed the district court’s summary judgment of non-infringement, finding that the patentee clearly and unmistakably disclaimed...more

McDermott Will & Emery

A Negative Claim Limitation Lacking Support In Specification Can Narrow Claim Scope - Imaginal Systematic, LLC v. Leggett & Platt

McDermott Will & Emery on

Addressing the issue of whether the district court properly relied on dictionary definitions when construing a negative claim limitation that was the basis for a summary judgement of non-infringement, the U. S. Court of...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - July 2015 #2

California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim - Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,...more

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