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CAFC reverses US District Court for the Southern District of California on Claim Construction and Satisfaction of Written Description Requirement

In THE LARYNGEAL MASK COMPANY LTD. AND LMA NORTH AMERICA, INC., v. AMBU A/S, AMBU INC., AND AMBU LTD, 10-1028 (CAFC, September 21, 2010), the CAFC reversed the US District Court for the Southern District of California on Claim Construction and Satisfaction of Written Description Requirement. The Laryngeal Mask Company Ltd. and LMA North America, [...]

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Broadest-Construction Rubric Coupled with Term”Comprising”Does not Give USPTO Unbridled License to Expand Scope of Claims

The Court of Appeals for the Federal Circuit (“CAFC”) held in In re Suitco Surface, Inc., 2009-1418 (CAFC, April 14, 2010) that the “broadest broadest-construction rubric coupled with the term “comprising” does not give the PTO an unfettered license to interpret claims to embrace anything remotely related to the claimed invention. Rather, claims should always [...]

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CAFC Expands Ruling to Leave Open Question of Abandoned versus Dedicated to the Public

The Court of Appeals for the Federal Circuit (“CAFC”) found the District Court for the Southern District of New York erred in its claim construction of critical claim terms in Shindler Elevator Corp. et al. v. Otis ElevatorCompany,  2009-1146 (CAFC, January 15, 2010).  As a result, the District Court’s summary judgment of non-infringement by Otis [...]

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