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The Federal Circuit's narrowing of the literal scope of patent claims by focussing on embodiments disclosed in the specification

Article Abstract:

The reluctance of the Federal Circuit to use extrinsic evidence to help interpret disputed claims as a reason for the patentee to describe an invention in detail in a patent claim rather than relying on broad terminology is discussed. Decisions in disputed claim cases decided by the Federal Circuit have started hinging on this matter.

Author: Radulescu, David C.
Publisher: Patent and Trademark Office Society
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 2000
Evaluation, Patent licenses, Patent licensing

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The scope of equivalents under 35 U.S.C. s. 112 para. 6 should vary depending on importance of the means-plus-function recitation to the invention as a whole

Article Abstract:

The author evaluates Federal Circuit's rulings on the scope of protection under patent law provided by the means-plus-function limitations in patent claims. The court's application of the test to means-plus-function recitations that are not at the point of novelty is criticized.

Author: Brownlee, David W.
Publisher: Patent and Trademark Office Society
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1999
Equivalents doctrine (Patent law)

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Armed and ready: defeating patent infringement claims by summary judgment

Article Abstract:

The author sets forth various grounds upon which a company accused of patent infringement can successfully move for summary judgment in a lawsuit. Recommendations on how to use summary judgment most effectively, based on trends in the Federal Circuit, are provided.

Author: Ayers, Peter J.
Publisher: Patent and Trademark Office Society
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1999
Interpretation and construction, Practice, Patent law, Summary judgments, United States. Court of Appeals for the Federal Circuit

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Subjects list: United States, Laws, regulations and rules
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